SANJAY VAIJNATH DESHPANDE Vs. RAJESH ANANDRAO DESHPANDE

JUDGEMENT

(1.) Heard learned Counsel for both parties.

(2.) The present petition arises out of an order dated 24-4-2006 passed by the c. J. , S. D. , Nanded in Special Civil Suit No. 44 of 2006, which is sought to be quashed and it is further requested that the counter-claim be rejected as untenable under the law.

(3.) The petitioner-original plaintiff preferred R. C. S. No. 629 of 2005 for perpetual injunction restraining the defendant from obstructing and disturbing the possession and construction of the plaintiff in respect of the suit property located at Vazirabad, Nanded. The defendant filed written statement and counter-claim pertaining to the property valued at Rs. 1,40,000/ -. The defendant prayed for declaration of title and possession. The respondent-defendant filed an application (Exh. 21) praying that the suit be transferred to the C. J. , S. D. because the counter-claim pertains to the property valued at Rs. 1,40,000/-, which is beyond pecuniary jurisdiction of C. J. , J. D. Therefore, the C. J. , J. D. took the matter on board and passed an order below Exh. 21 stating that the counter-claim filed by defendant was valued at Rs. 1,40,000/- whereas, the pecuniary jurisdiction of that court was Rs. 1,00,000/- only and hence, the matter be referred to the Court of c. J. , S. D. , Nanded for proper adjudication. On 4-2-2006, the C. J. , J. D. , Nanded addressed a letter to the District Judge, Nanded informing this position whereupon, the District Judge thought it fit to take cognizance of the relevant aspect and transferred the suit to the Court of C. J. , S. D. , Nanded for adjudication, according to law.