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2013 Supreme(All) 1906

SANJAY MISRA
VIDYA SHANKER TIWARI – Appellant
Versus
SURYA KANT TIWARI – Respondent


Advocates Appeared:
Arvind Srivastava for the Petitioner; Siddharth Nandan for the Respondents.

JUDGMENT

Hon’ble Sanjay Misra, J.—This petition is directed against the order dated 1.10.2012 (Annexure 5 to the petition) passed by the District Judge, Deoria in Transfer Application No. 327 of 2012 (Surya Kant Tiwari v. Vidya Shanker Tiwari and others).

2. The petitioner herein was defendant in a suit filed by the plaintiff respondent No. 1 for permanent injunction and demolition before the Civil Judge (Junior Division), Deoria. An ex parte injunction order was granted. The petitioner defendant filed his written statement on 5.7.2012 alongwith his objection to the temporary injunction application raising a dispute regarding valuation of the suit. It was stated by him that the plaintiff respondent had valued this property in suit at Rs. 15,000/- whereas the valuation of the property was more than five lakhs. He stated that the pecuniary jurisdiction of the Civil Judge (Junior Division) was Rs. 25,000/- and since the property in suit was valued at more than rupees five lakhs the suit was not maintainable before the Civil Judge (Junior Division) who had no pecuniary jurisdiction to entertain a suit valued more than Rs. 25,000/-. The plaintiff respondent appears to have admitted the f



























































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