Interim Order 17

Order Details: COPY OF ORDER
Pdf Text: 12 Civ Suit 595/23
BIRJU AND ANR.
Vs.
KAMAL
08.07.2026
Present: Ms. Madhuri Katyal, Ld. counsel for plaintiff.
Sh. Mohd. Jaid, Ld. counsel for defendant alongwith
defendant.
It is submitted by Ld. counsel for defendant that this
court do not got pecuniary jurisdiction to try the present suit as after
disposal of application u/o 6 Rule 17 CPC, the plaintiff has filed court
fee of Rs. 16,500/-.
It is submitted by plaintiff that after oral partition, the
plaintiff is in possession of suit property.
Per contra, it is submitted by defendant that no partition
is effected till date. It is further submitted by Ld. counsel for
defendant that although the documents qua property pertains to area of
80 sq. yds. in total but by way of certain encroachment, the plaintiff is
in possession of 40 sq. yds., defendant Kamal is also in possession of
40 sq. yds. and his elder brother Sh. Ramesh is also having the
possession of 40 sq. yds. of land.
Matter is adjourned for arguments on point of pecuniary
jurisdiction of this court.
It be relisted on 20.08.2026 alongwith other connected
case stated to be containing original documents of suit property.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
08.07.2026
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