Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100941/2020
Jude Edwin Rebello Vs Uday Appaji Desai
Date : 03-03-2020
Business : Advocate Mr. Ajit Hodge for Plaintiff present and filed
affidavit of service of typed copy of amended plaint upon
newly added Defendants, t.o.r. Advocate Mr. Shivaji Yadav for
Defendant no.2 present and filed vakalatnama, t.o.r. Clerk of
advocate for Defendant no.1 filed registered Notice of Motion
no.941/2020 with affidavit in support, t.o.r. Advocate for
Plaintiff filed reply to Notice of Motion no.941/2020, t.o.r.
ORDER ON NM NO.941/2020 This Notice of Motion is filed
by Defendant for referring the suit to Registrar for determining
the value of subject matter. Defendant has filed affidavit in
support of Notice of Motion contending that Plaintiff has filed
this suit for claiming possession of 120 sq. ft. suit premises,
hence according to Defendant, Plaintiff is bound to value 120
sq. ft. area in suit premises and to pay appropriate court fees
thereupon, hence Defendant has prayed for the directions for
referring the suit to Registrar. Plaintiff has filed affidavit in
reply and resisted Notice of Motion contending that initially
by relying upon the Judgment of Bombay High Court reported
in AIR 2012 Bombay, 22 which was pronounced in the case
between Sushila U. Jain Vs. Rajeshkumar P. Jain, Plaintiff had
paid the court fees by valuing prayer clause (a), (b) and (c) of
the plaint to Rs.1000/- each as those prayers were not
susceptible to minatory valuation. Thereafter, office of the
court raised objection about the valuation of the suit and said
objection was placed before Judge of this Court. After hearing
by the court Plaintiff valued prayer clause a to Rs.28,20,000/-
and pad court fees of Rs.24,015/- as per article 2, schedule I of
Maharashtra Court Fees Act 1959 and said is accepted by the
office of the Court, hence according to Plaintiff Notice of
Motion has become infructuous. On perusal of the plaint, it is
noticed that initially court fees of Rs.220/- was affixed by
Plaintiff with the plaint and later on court fees of Rs.23,815/-
is affixed by Plaintiff to the plaint on 15/11/2019. As such,
Plaintiff has paid requisite court fees for compliance of the
objection raised by the office of the Court, hence I find that
prayers claimed in Notice of Motion have become infructuous
and it is not necessary to refer the plaint to Registrar for
determining valuation of the suit, hence I proceed to pass
following order- ORDER Notice of Motion no.941/2020
stands disposed off/dismissed. Case is adjourned to
23/04/2020 for Written Statement of newly added Defendant
no.2 and NM reply by Defendant no.2.
Nature of Disposal : DISMISSED
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