Suresh Gobindram Bhatia Suit St. No. 5606 of 2020VsChandarsen Gobindram Bhatia and Anr.

Date: 17-12-2020
Business: Adv. Atish Kaningdhwaj for the plaintiff present.
Adv. Vazirani for defendant present.
Adv. for plaintiff tendered registered NM 1888/2020.
Adjd to 08.02.2021 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv. Atish Kaningdhwaj for the plaintiff present.
Adv. H. K. Vajirani for defendants present.
Adv. for plaintiff submitted that plaintiff wants to withdraw the suit. As plaintiff is absent, advocate for plaintiff is directed to secure the presence of the plaintiff on next date.  Adjd. to 18.02.2021 for complaince.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Plff Suresh Bhatia present.
Adv Samadhan Kashid h/f Adv Atish Kaningdhwaj for plff present.
Adv H. K. Vazirani @ Puspa Goswami for deft no. 1 and 2 present.
Plff filed application for withdrawal of suit with liberty to file fresh suit on the ground that valuation of suit property i.e. flat no. 501 and 503 are above Rs. 1 Crore. t.o.r.
Adv for deft no. 1 and 2 orally opposed the application.
Perused the plaint.
It appears that suit is valued as per section 6(iv)(j) of Court Fees Act and Court fees of Rs. 600/- was paid.
However as per office objection to prayer clause (a), suit is for declaration of ownership in respect of suit flats are to be valued as per section 6(iv)(d) of the Court Fees Act.
As per submissions of Adv for plff, valuation of suit flats are more than Rs. 1 Crore.
Hence this Court has no pecuniary jurisdictions to try this suit.
In view of above facts, following order is passed below Exh. 1 -
Order
1. Application (Exh. 03) for withdrawal of suit with liberty to file fresh suit is allowed.
2. Suit be disposed of.
3. It be register for statistical purpose.
4. Notice of Motion 1888/20 is accordingly disposed of.
5. Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-02-2021

Filing Number: 106060/2020
Filing Date: 08-12-2020
First Hearing Date: 17th December 2020
Decision Date: 18th February 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE