UMESH NARAYAN Vs. JHATI DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents. The instant writ petition is directed against the final order dated 15.9.2009, passed in Title Suit No. 2 of 2008, whereby learned Additional Munsif I, Patna refused the prayer of the petitioner to decide the issue of jurisdiction as preliminary issue. The plaintiffs-respondent nos. 1 and 2 filed Title Suit No. 2 of 2008 with the following reliefs:-

(2.) The petitioner who is defendant no. 2 in the suit appeared and filed written statement raising amongst others, the issue of jurisdiction.

(3.) He states that the suit is under valued. The defendant submits that the suit land of 1979 is situated on Patna Gaya Highways measuring 72 decimals and its value in the year 2008 would be more than Rs. 6 lakhs in place of Rs. 10,000/- which was the price in 1979. He submits that value of all land has increased manifold. The defendant submits that besides this the plaintiffs (respondent nos. 1 and 2) also prayed for removal of cabin and other structure of the suit land which itself would value around a lakh.