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HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Saraswatibai Bishwambarlal Charity Trust, thr. Sudarshan Malpani and Ors. – Appellant
Versus
Gopal Traders Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to jurisdiction based on property valuation. (Para 1 , 2 , 3) |
| 2. arguments regarding valuation under the court fees act. (Para 4 , 5 , 6 , 7 , 8) |
| 3. prayers in the suit outline the relief sought. (Para 10 , 11) |
| 4. clarification of applicable provisions of the court fees act. (Para 12 , 13 , 14) |
| 5. nature of prayer clause valuation. (Para 15 , 16 , 18 , 19) |
| 6. concept and assignability of easements. (Para 20 , 21 , 22) |
| 7. valuation distinctions based on property right assignment. (Para 23 , 24 , 25 , 26 , 27 , 29 , 30 , 31) |
| 8. final decision on jurisdiction and valuation. (Para 32 , 34) |
| 9. appeal dismissed with no costs. (Para 35) |
T HE C HALLENGE
1. This Appeal is filed challenging the order dated 12 October 2022 passed by the learned Judge, City Civil and Sessions Court, Greater Mumbai allowing Notice of Motion No. 1797/2021 filed by the Defendant under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (the Code) returning the Plaint to be presented before this Court. The Plaint is returned essentially on the ground that the same does not fall within the pecuniary jurisdiction of the City Civil Court.
F ACTS :
2. The Appellant-Plaintiff is a Trust an
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