SANTOSH KUMAR PANDEY Vs. SHIVKALI AND ORS.

JUDGEMENT

(1.) Petitioner herein is defendant before the trial court. The trial court by order dated 08.04.2013 held that suit valued for the purpose of declaration of title and permanent injunction on the basis of sale deed is not proper and directed the suit be valued in accordance with market value of the suit property and to pay the advalorem court fee. In compliance of above-stated order, the respondents/plaintiffs valued the suit for the purpose of declaration and permanent injunction at Rs. 4,69,737/- and made application for correcting the valuation in the plaint and also prayed for amendment in the plaint.

(2.) The trial court, after hearing the objection of other side, by order impugned dated 30.07.2014 (Annexure P/19) allowed the application permitting the respondent plaintiff to amend the plaint correcting the valuation and considering the objection of petitioner framed additional issue with regard to valuation of the suit and rejected the objection of petitioners/defendants for appointment of Commissioner for valuation of suit property.

(3.) The petitioner/defendant has filed this writ petition questioning that order stating inter alia that valuation of suit property is not properly made and valuation of suit ought to have been made to Rs. 9,97,401/- by the respondents/plaintiffs and commissioner ought to have been appointed by the trial court for the purpose of valuation of suit property and as such the order of the trial court deserves to be set-aside.