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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 court order based on jurisdiction. (Para 1 , 2 , 3) |
| 2. plaintiffs' arguments on proper valuation under court fees act. (Para 4 , 5) |
| 3. defendant's arguments regarding valuation and easement rights. (Para 6 , 7) |
| 4. dispute over proper valuation of the suit based on various legal principles. (Para 8 , 9) |
| 5. clarification of valuation methods under court fees act. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 6. distinction between avoidance of contract and declaration of rights. (Para 17 , 18 , 19 , 20) |
| 7. general legal principles on easement rights. (Para 21 , 22 , 23 , 24 , 25) |
| 8. court's analysis on easement transfer and monetary value. (Para 26 , 27 , 29 , 30 , 31 , 32) |
| 9. final judgment and dismissal of appeal. (Para 33 , 34) |
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
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