SANJAY BHULABHAI PATEL Vs. PANKAJ VINODKUMAR PATNI

JUDGEMENT

(1.) Heard Mr. Salil Thakore, the learned advocate appearing with Mr. Yash J. Patel, the learned advocate on record for the original appellants; Mr. S.P. Majmudar, the learned advocate appearing alongwith Mr. Shashvata Shukla, the learned advocate for the respondent no.1 and Mr. S.S. Acharya, the learned advocate appearing for the respondent no.2.

(2.) When the present Appeal from Order was taken up for hearing Mr. S.P. Majmudar the learned advocate appearing on behalf of the respondent no.1 has raised preliminary objection with regard to maintainability of present appeals on the ground of pecuniary jurisdiction.

(3.) Mr. Majmudar has drawn attention of this Court to the copy of the plaint, more particularly, the title of the suit, the prayer sought for in Regular Civil Suit No.161 of 2022 and considering the subject matter, the valuation of the suit filed for declaration and permanent injunction. He submitted that the Appeal from Order would not be maintainable before the trial Court. He submitted that the respondent no.1 is the original plaintiff, who has derived ownership right in the suitproperty pursuant to the three registered sale-deeds dtd. 30/8/2021 executed by the defendant no.1. He further submitted that the cause of action arose for the plaintiff to approach the Court of Civil Judge, Vadodara when the defendant no.2 - appellant herein had stop the entry of the original plaintiff as well as had restrained labourers of the plaintiff to enter the building by taking recourse using force with the help of anti-social ailments, which led to filing of Criminal Complaint against the defendants in December 2021. He further submitted that as per the terms and conditions of the aforesaid registered sale-deeds, the plaintiff is entitled to the use of common amenities of building as well as legal right to have access to the building by ingress and egress through staircase. By making aforesaid submissions, Mr. Majmudar submitted that the suit has rightly been valued considering the subject matter at Rs.1,000.00 and the court fees of Rs.300.00 has also been paid. In absence of any objection being raised by the Registry of Court of Civil Judge, Vadodara, the same has been registered as Regular Civil Suit No.161 of 2022. He invited attention of this Court to the Notification dtd. 14/10/2014 and submitted that in case of suit valued more than Rs.50,00,000.00, in that case only, the Appeal from Order would lie before the High Court. He therefore submitted that the original suit being valued at Rs.1,000.00, the present Appeals from Order may not be entertained as the same would lie before the District Court at Vadodara.