Order 1

Order Details: Other
Pdf Text: 1 Order on Pecuniary Jurisdiction in
Sum.Suit No. 1128/2020
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI
SUMMARY CIVIL SUIT NO. 1128 OF 2020
(CNR NO. : MHCC010043872020)
Smt Prafullata Kumar Desai
Aged : 67 years, Occu : Household
Hindu Adult, Indian Inhabitant of Mumbai
residing at 15, Saroj, Makrand Sahnivas,
Dadar(West), Mumbai400 028.
]
]
]
]
]... Plaintiff
Versus
1. Mr. Vilas Bhaskar Raote
Age : 68 years, Occu : Architect,
Hindu Adult, Indian Inhabitant of Mumbai residing
at 10, Rajni Building, 2nd Floor, Near Post Office,
Govandi, Mumbai 400 088.
]
]
]
]
]
2. Mr. Kamal @ Kamlesh Dayaldas
Age : 60 years, Occu : Builder and Developer,
residing at 1101, Skyrise CHSL, BWing, Central
Avenue Road, Chembur (East), Mumbai400 071.
]
]
]
]... Defendants
Appearances:
Ld. Advocate Ms. Roseline Nadar for plaintiff.
Ld. Advocate Naronha for defendant no.2.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 4)
DATED : 15th March, 2021
ORDER ON THE POINT OF PECUNIARY JURISDICTION
1. As per Roznama dated 12.01.2021 Ld. Advocate for the
plaintiff was directed to give explanation on the point of pecuniary
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2 Order on Pecuniary Jurisdiction in
Sum.Suit No. 1128/2020
jurisdiction of this Court to try the instant suit. Heard Ld. Advocate for
the plaintiff and defendant no.2 at length. The suit is for partition,
declaration and mandatory injunction. According to Ld. Advocate for
the defendant no.2 the subject matter of the suit i.e. a plot of land is of
value more than Rs. 4 Crore 99 lacs and the plaintiff is seeking
avoidance of sale of the suit property. According to him, the plaintiff
shall value the suit under Section 6 (iv) (ha) of Bombay Court Fees Act,
1959, which provides that in a suit for declaration that any sale, or
contract for sale or termination of contract for sale, of any movable or
immovable property is void[one half] of ad valorem fee is leviable on
the value property. However, after going through the plaint, it is clear
that plaintiff is not a party to the deed of conveyance dated 26.03.2018
executed by defendant no.1 in favour of defendant no.2 in respect of
suit property. In that factual matrix, the plaintiff has correctly valued
the suit under Section 6 (iv)(j) of the Bombay Court Fees Act, 1959.
Therefore, this Court has pecuniary jurisdiction to try the suit.
Sd/
(C. V. Marathe)
Judge,
Date : 15.03.2021 City Civil Court, Gr. Mumbai.
Dictated on : 15.03.2021
Transcribed on : 15.03.2021
Signed by HHJ on : 15.03.2021
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3 Order on Pecuniary Jurisdiction in
Sum.Suit No. 1128/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 15.03.2021 at 5.28 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
Date of Pronouncement of
JUDGMENT/ORDER
15.03.2021
JUDGMENT/ORDER signed by
P.O. on
15.03.2021
JUDGMENT/ORDER uploaded on 15.03.2021
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