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2020 Supreme(Bom) 645

V.K.JADHAV
Sham – Appellant
Versus
Madhubala Lalitkumar Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.S. Kale h/f S.B. Talekar, Advs.
For the Respondent: R.R. Sancheti h/f R.R. Mantri, Advs.

JUDGMENT :

V.K. Jadhav, J.

1. Heard both sides.

2. The petitioner is original defendant No. 1 in Regular Civil Suit No. 27 of 2007 filed by respondent No. 1 herein. The petitioner has raised preliminary objection about the jurisdiction so also the valuation of the said suit. As per the order dated 30.05.2007 passed below Exh. 34 in Regular Civil Suit No. 27 of 2007, the trial court has framed the preliminary issues in the following manner:-

    "(i) Whether this Court has jurisdiction to try and entertain the present suit?

(ii) Whether the suit is properly valued and stamped?"

3. After having heard both the parties, the trial court, by impugned order dated 02.06.2007 decided both the issues in affirmative and held that the suit of the plaintiff is properly valued and the plaintiff has paid proper court fee stamps and the civil court has jurisdiction to try and entertain the suit. Hence, this writ petition.

4. Learned counsel for the petitioner submits that the respondent No. 1-plaintiff came into possession of the suit property on the basis of agreement of sale for consideration of Rs. 6,00,000/-. The respondent-plaintiff has filed an application for temporary injunction (Exh. 8) and the Civi

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