Karen Louise Murzello (Nee Curzai) And 4 ORS. v. Christopher Joseph Curzai Of Mumbai And 5 ORS.

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 13th November, 2024 FOR HEARING AND FINAL DISPOSAL :

14. CHOL/103/2024 IN S(L)/9334/2023 ) ) ) Mr. S.L. Shah, Advocate for the Plaintiff / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : Perused Chamber Order, Affidavit in support of Chamber Order, records and proceedings of the rejected Suit (L) 9334 of 2023 and Office Report dated 06.08.2024.

Para No. 29 of the Plaint is reproduced hereunder ; "xxxx 29.The Plaintiffs say that after taking into consideration the value of their share in the Suit property, they have paid the maximum court fees of Rs. 3,00,000/-. The Plaintiff state that each Plaintiff has a 1/11th share in the suit property. The Plaintiffs have not ascertained the current market value of property approx share of Plaintiff in the property is more than 4.5 crores."

Master (Adm.), Suit Board Department, has specifically stated in his Report as follows ; "xxxx The Ld. Advocate for Plaintiff made the handwritten correction on 16.02.2024 in para 29 of the said Plaint, after the publication of Notice dated 16.01.2024 and the Notice to that effect was also published on 22.01.2024 on the High Court website xxxxx It appears from the Presentation Form annexed to the Plaint by the Advocate for Plaintiff that the Suit is valued at Rs. 10 .... 2

.... Continued Prothonotary and Senior Master Date : 13th November, 2024 : 2 :

Crores and therefore, the said Plaint is required to be transferred to B.C.C.C. due to enhancement of Pecuniary Jurisdiction."

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) In view of above, valuation of the Suit as per Presentation Form and Para 29 of the Plaint appears to be less than Rs. 10 crores. Further, Suit has already been disposed of due to non compliance of office objections. Therefore, present Chamber Order cannot be entertained by this Authority.

Ld. Advocate appearing for Plaintiff submits that he may be allowed and permitted to withdraw present Chamber Order with liberty to file appropriate proceedings before the Bombay City Civil Court for restoration of captioned Suit.

In that view of the matter, present Chamber Order is disposed of. Plaintiff to file appropriate proceedings before the Hon'ble City Civil Court for restoration of the caption Suit in accordance with law subject to law of limitation. No order as to costs.

Date : 13.11.2024 Prothonotary & Senior Master