M/S. Shree Laxmi Construction And Developer And ORS. v. Mr. Ratnakar Gopal Navle

22.wp 11323.15.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11323 OF 2015 M/s.Shree Laxmi Construction and Developer and Ors. .. Petitioners Vs.

Mr.Ratnakar Gopal Navle .. Respondent Ms.Monica Kshirsagar i/b Ms.Anusha Amin, Advocate for the Petitioners.

Mr.Onkar Gupte a/w Mr.P.K.Kochar, Advocate for the Respondent. CORAM :

R.G.KETKAR, J.

DATED : 17h DECEMBER, 2015 P.C. :

.

Heard Ms.Monica Kshirsagar, learned Counsel for the petitioners and Mr.Onkar Gupte, learned Counsel for the respondent. 2.

By this Petition under Article 227 of the Constitution of India, petitioners, hereinafter referred to as defendants, have challenged the judgment and order dated 06/08/2015 passed by the learned Joint Civil Judge, Junior Division, Thane, below Exhibit 12 in Regular Civil Suit No. 881 of 2014. By that order, the learned trial Judge partly allowed the application made by the original defendant No.1 under Order 7, Rule 11 read with Section 9-A of the Code of Civil Procedure, 1908 (fort short 'C.P.C.') 3.

In the order dated 26/11/2015, submissions made by Mr.Patil were recorded. In paragraph 5 of the impugned order, the 1/2

22.wp 11323.15.doc learned trial Judge has observed that having regard to the valuation report, the Suit is beyond the pecuniary jurisdiction of the Court. Mr.Gupte submits that he has accepted the findings recorded by the learned trial Judge in paragraph 5 of the impugned order that the claim of the Suit exceeds the pecuniary jurisdiction of the Court. He submitted that the learned trial Judge should have returned the plaint for presentation before the appropriate Court. 4.

In view thereof, by consent of the parties, the impugned order is modified and the learned trial Judge is directed to pass the order directing return of plaint to the plaintiff for presentation before the appropriate Court.

5.

The parties shall appear before the trial Court on 04/01/2016 when the Court will pass the appropriate order. Order accordingly.

(R.G.KETKAR, J.) 2/2