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ASHUTOSH SRIVASTAVA
Hari Mohan Kushwaha – Appellant
Versus
Kashi Ram Kushwaha – Respondent
JUDGMENT :
1. Heard Shri Rishab Agarwal, learned counsel for the petitioner. Shri Piyush Kumar Shukla, learned counsel has put in appearance on behalf of respondent No. 4 through caveat.
2. The present petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 25.8.2023 passed by the District & Sessions Judge, Jhansi in Civil Revision No. 25 of 2023 (Hari Mohan Kushwaha versus Kashi Ram and others) as also the order dated 17.02.2023, passed by the Civil Judge (Jr.Div.), FTC/Judicial Magistrate, Jhansi in Original Suit No. 358 of 2005. A further prayer to direct the Civil Judge (Jr.Div.), FTC/Judicial Magistrate, Jhansi to pass fresh order directing the Court Amin to prepare and file new report on the valuation of the suit property has also been prayed for.
3. It is the case of the petitioner that the petitioner/plaintiff has instituted a suit for partition claiming his 1/3rd share over the suit properties which has been registered as Original Suit No. 358 of 2005. The suit was valued at Rs.2,00,000/-. The defendants put in appearance and objected to the valuation of the suit by stating that the same is undervalued. The application raising
The court's decision emphasized the importance of upholding the valuation of the suit property as assessed by the Court Amin, and the limited scope for interference under Article 227 of the Constitut....
The court established that valuation reports must adhere to specified methods and timelines, reinforcing the importance of compliance with judicial directives in property disputes.
A plaintiff's valuation for court fees is generally accepted unless demonstrably arbitrary, with courts having limited authority to revise such valuations.
The main legal point established in the judgment is the importance of determining the valuation of properties and Court fees payable as preliminary issues, and the need to consider the provisions und....
Point of Law : order 41 Rule 23 A C.PC. also provides that if the suit is decided otherwise on preliminary point and decree reversed in appeal and retrial is necessary the appellate court have the sa....
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