B.MANOHAR
Y. B. Ramesh – Appellant
Versus
Varalakshmi – Respondent
Petitioner is the defendant in O.S.No.82 of 2007 on the file of the Civil Judge (Junior Division), Magadi filed by the first respondent seeing for partition of the suit schedule properties by metes and bounds and to allot 1/7th share in favour of the plaintiff and also to restrain the 9th defendant who is the petitioner herein from interfering with the peaceful possession and enjoyment of the plaintiff in respect of item No.1 property.
2. Pursuant to the notice issued in O.S.No.82 of 2007, the petitioner filed detailed statement of objections denying the claim made by the plaintiff and also made an application in I.A.No.1 under Order 7, Rule 11(d) of the Civil Procedure Code, 1908 seeking to reject the plaint on the ground that the learned Civil Judge (Junior Division) has no pecuniary jurisdiction to entertain and try the suit. In support of his contention, the petitioner has contended that the market value of the suit schedule property is more than Rs.15,80,000/- (Rupees fifteen lakhs and eighty thousand). Therefore, 1/7th share of the schedule property exceed Rs.2,25,000/-. Hence, the learned Civil Judge has no pecuniary jurisdiction to try and entertain the suit.
3.
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