RADHABAI MAHADEO THAKUR Vs. GAJANAN SHRIRAM AKONE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With consent of the parties, the matter is taken up for final hearing immediately.

(2.) Heard the learned counsel for the parties.

(3.) The petitioner filed Reg. Civil Suit No. 368 of 2007 for partition and separate possession to the extent of l/5th share in four agriculture properties, bearing Survey Nos. 71, 43/1, 43/2 and 43/3, all situated at village Khadka, Tq. Hingna, distt. Nagpur. The defendants made an application (Exh.27) contending that the suit was not. valued properly for the purpose of Court fee and jurisdiction because as per certificate obtained by them, market value of the suit property was crores of rupees. This application was contested on behalf of the plaintiff. He contended that the lands are assessed to the land revenue and it is not necessary to value of the suit for jurisdiction and Court fee as per market value. However, the application came to be allowed by 7th Jt. Civil Judge (Jr.Dn.), Nagpur by impugned order dated 13-12-2007. By that order, the petitioner was directed to correct the valuation of the suit property and also to pay ad valorem Court fee for the same. That order is challenged in the present petition by the plaintiff.