HARI MOHAN KUSHWAHA Vs. KASHI RAM KUSHWAHA

JUDGEMENT

(1.) Heard Shri Rishab Agarwal, learned counsel for the petitioner. Shri Piyush Kumar Shukla, learned counsel has put in appearance on behalf of respondent No. 4 through caveat.

(2.) The present petition under Article 227 of the Constitution of India has been filed for setting aside the order dtd. 25/8/2023 passed by the District and Sessions Judge, Jhansi in Civil Revision No. 25 of 2023 (Hari Mohan Kushwaha versus Kashi Ram and others) as also the order dtd. 17/2/2023, passed by the Civil Judge (Jr.Div.), FTC/Judicial Magistrate, Jhansi in Original Suit No. 358 of 2005. A further prayer to direct the Civil Judge (Jr.Div.), FTC/Judicial Magistrate, Jhansi to pass fresh order directing the Court Amin to prepare and file new report on the valuation of the suit property has also been prayed for.

(3.) It is the case of the petitioner that the petitioner/plaintiff has instituted a suit for partition claiming his 1/3rd share over the suit properties which has been registered as Original Suit No. 358 of 2005. The suit was valued at Rs.2,00,000.00. The defendants put in appearance and objected to the valuation of the suit by stating that the same is undervalued. The application raising the objections was allowed by the learned Civil Judge (Jr.Div.), FTC/Judicial Magistrate, Jhansi and the Court Amin was ordered to submit his report. The Amin filed his report (Paper No. 103C-2) dtd. 9/11/2010 under which the property was valued Rs.2,22,23,155.00. The plaintiff/petitioner filed his objections to the report submitted by the Amin stating that the suit was filed in the year 2005 but the Amin has submitted his report taking into consideration the rates applicable in 2010 and moreover the depreciation in the constructions existing over the suit property has not been taken into account.