OM PRAKASH SINGH Vs. KALAWATI DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) This petition has been filed challenging the judgment and order dtd. 13/8/2025 passed by District Judge, Varanasi in Civil Appeal No. 80 of 2025 (Kalawati Devi and others Vs. Dhanpati Devi and others).

(3.) Brief facts of the case are that predecessor in interest (Mantora wife of Mannar) of respondent No. 11, Dhanpatti Devi daughter of Mannar instituted Original Suit No. 843 of 2000 for cancellation of will deed executed by Mannar in favour of defendants in the suit. During pendency of the suit, The Gram Nyayalayas Act, 2008 was passed by the Parliament which came in force on 2/10/2009 vide notification dtd. 11/9/2009. The District Judge by order dtd. 5/9/2023 transferred the Original Suit No. 843 of 2000 to Gram Nyayalaya Village Pindara, Varanasi (hereinafter referred as "Gram Nyayalaya"). The Gram Nyayalaya vide judgment and decree dtd. 7/5/2025 declared the will deed dtd. 29/5/2000 to be null and void. Being aggrieved with the judgment and decree dtd. 7/5/2025 passed by Gram Nyayalaya, Appeal No. 80 of 2025 was filed by the defendant Nos. 1/1 to 1/3, 2/1, 2/2, 3/1, 3/2, 4 and defendant Nos. 6/1 and 6/2 in the suit. Defendant Nos. 5, 7 and 8 were arrayed as respondents in the appeal. The petitioner, who was the defendant No. 8 in the suit and supported the plaintiff in the suit filed an application/ objection before the District Judge, Varanasi regarding maintainability of the appeal filed by the other defendants on the ground that in view of Sec. 34 (2) (b) of Gram Nyayalayas Act, 2008, an appeal will not lie where the amount or value of subject matter of the suit, claim or dispute does not exceed Rs.1,000.00. According to the petitioner, the valuation of the suit was Rs.200.00 as valued by the plaintiff and the appellants have also filed appeal valuing the same to be Rs.200.00 and therefore, the appeal is not maintainable. The District Judge by order dtd. 13/8/2025 rejected the objection filed by the petitioner on the ground that though, the valuation of the suit is less than Rs.500.00 but as the appeal involves the question of law, the same is maintainable. Hence the present writ petition.