Gorakshnath Yelba Yelam v. Sonyabapu Sahebrao Aher And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11961 OF 2018 Gorakshnath Yelba Yelam Petitioner

Versus

Sonyabapu Sahebrao Aher & ors.

Respondents ...

Mr. V.H. Dighe, Advocate for the petitioner Mr. C.K. Shinde, Advocate for the respondent Nos.1 & 2 ...

Coram : N.M. Jamdar, J.

Date : 19 November 2018 Per Court :

Heard learned counsel for the parties. The petitioner has challenged the order passed by the learned 2 nd Joint Civil Judge Junior Division, Rahata dated 7 September 2018 rejecting the application filed by the petitioner for return of the plaint and allowing application filed by the respondent-plaintiff.

Main contention raised by the petitioner is that the suit being valued at S5,01,000/- is beyond pecuniary jurisdiction of the Civil Judge Junior Division. When this application was moved by the petitioner-

WP_11961_2018 respondent, plaintiffs moved an application to clarify that addition of S1,000/- is an error and in fact excess Court fees has been paid. Accepting this explandor of the respondent-plaintiff, the learned civil Judge has passed the impugned order. There is neither any error of jurisdiction nor any failure of justice to interfere under Article 227 of the Constitution of India. Writ petition is accordingly rejected. N.M. Jamdar, J.

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