BHIMRAO PANDURANG ZILE Vs. WAMANRAO BAPURAO GHODE

JUDGEMENT

(1.) RULE. Made returnable forthwith. Heard finally by consent of the parties.

(2.) BY this petition the petitioner is challenging the order passed by the Civil Judge, Junior Division, Hingna below Exhibit 10 by which he rejected the application filed by petitioner under order 7 rule 11 of C. P. C. on the ground that the said court has jurisdiction to try the matter. The application was moved precisely on the ground that the premises were of the value more than Rs. 25,00,000/-and the court fees was required to be paid on that valuation. The trial court held that the plaintiff has agreed to pay the court fees if required later. According to the learned Civil Judge, the suit was for claiming injunction, without claiming for title and he has only to show that he is in possession of the suit premises. According to him the prayer was not permissible under order 7 rule 11 C. P. C.

(3.) LEARNED counsel for petitioner has submitted that once the valuation of the suit property is found to be Rs. 25,00,000/-the court of Civil Judge Junior Division, hence trial court; would not have jurisdiction over the matter hence the application should have been allowed by it.