Smt. Rajani Ramesh Yevale And ANR. v. Shri. Akbar Haji Mohammad Somji

Trupti 10-wp-11394-2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 11394 OF 2013 Smt. Rajani Ramesh Yevale & Anr.

...Petitioners

Versus

Shri.Akbar Haji Mohammad Somji

...Respondent

......

Mr.Vilas B. Tapkir for the Petitioners.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

JUNE 19, 2018 P.C. :

1.

By this Writ Petition, filed under Article 227 of the Constitution of India, the petitioners are challenging the order dated 8th November, 2013 passed by the learned Jt. Civil Judge, Sr. Division, Pune, below the application at exhibit 26 in Special Civil Suit No. 1210 of 2013.

2.

The petitioners, who are the original defendants, have asked for inquiry under Section 8 of the Bombay Court Fees Act,1959 in respect of valuation of the suit and also they have challenged the

Trupti 10-wp-11394-2013.doc pecuniary jurisdiction of the Court of Civil Judge, Senior Division, Pune to try and entertain the suit.

3.

However, in view of the recent notification issued by the Law and Judiciary Department, Government of Maharashtra under Maharashtra Civil Courts (Amendment) Act, 2015 bearing No. CCS.2014/ C.R.25/D19 dated 31st August 2015, the pecuniary jurisdiction of the Civil Courts is enhanced. The valuation of the suit is admittedly below Rs. 10 lacs and hence, it is to be tried by the Court of Civil Judge, Senior Division, Pune. 4.

In view of the above, Writ Petition is disposed of. (MRIDULA BHATKAR, J.)