JUDGMENT :

AJIT KUMAR, J.

1. Heard Ms. Shreya Gupta and Sri Ashish Kumar Singh, learned counsel for the petitioner as well as Sri Siddhartha Srivastava, learned counsel for the contesting respondents.

2. Briefly stated facts of the case are that plaintiff/ petitioner before this Court, instituted a suit for permanent prohibitory injunction being Original Suit No. 719 of 2010 and looking to the suit property and the relief claimed, the valuation declared was Rs. 50 lacs. In the said suit the defendant/ respondent nos. 1 & 2 filed their written statement as well as counter claim to which the valuation was declared at Rs. 16 lacs. There was never a dispute raised regarding valuation of the suit as well as the counter claim.

3. By common judgment and decree dated 26.11.2018 the trial court while dismissing the suit, decreed the counter claim of the defendant/ respondent nos. 1 & 2. Resultantly, petitioner preferred a first appeal before the High Court against the judgment dismissing his suit on the ground that valuation being Rs. 50 lacs, it executed the pecuniary limit of jurisdiction of District Judge which being only Rs. 25 lacs. First Appeal came to be registered as First Appeal No. 15