John Baptist Francis Fernandes v. Kamal Kishore Verma And ORS

2026:BHC-AS:23392 35 cra 396 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.396 OF 2025 John Baptist Francis Fernandes ...

Applicant versus Kamal Kishore Verma and Ors.

...

Respondents Ms. Suvarna Telgote, for Applicant.

CORAM: N.J.JAMADAR, J.

DATE :

9 JUNE 2026 P.C.

1.

Heard the learned Counsel for the Applicant.

2.

The Court finds that no case for rejection of the plaint under the provisions of Order VII Rule 11 of the Code, 1908 is made out. Only the aspect of correct valuation of the suit claim and the court fee payable may warrant consideration at the trial. In the event, such ground is raised in the written statement, the trial Court may frame and decide the issue of correct valuation of the suit and the proper court fee paid thereon. 3.

On the aforesaid premise, when the Court expressed its disinclination to entertain the application, learned Counsel for the Applicant submits that the hearing of the suit be expedited.

4.

Having regard to the fact that the suit is instituted in the year 2012 and the applicant appears to be a senior citizen, it would be expedient in the interest of justice that, SCS No.9 of 2012 itself is heard and decided as SSP 1/2

35 cra 396 of 2025.doc expeditiously as possible.

5.

The Application thus stands disposed with a request to the learned Civil Judge seized with SCS No.9 of 2012 to hear and decide the said suit as expeditiously as possible and preferably within a period of one year from the date of communication of this order.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 11/06/2026 17:31:51