Sandeep Kumar v. Om Singh Another

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 260 of 2019

Petitioner :- Sandeep Kumar Respondent :- Om Singh Another Counsel for Petitioner :- Anurag Pathak,Harshit Pathak

Hon'ble Manoj Kumar Gupta,J.

By order dated 29.8.2017 the trial court has rejected the application 205-C (2) filed by the petitioner, wherein prayer was made that the court should first decide Misc. Case No.94 of 2008 before deciding issue no.3. The petitioner has also challenged the order dated 5.10.2018 dismissing Civil Revision No.67 of 2017.

Misc. Case No.94 of 2008 was filed by the petitioner under Section 151 CPC, wherein he has made a prayer for restoration of status quo ante, as according to him, certain constructions were raised in violation of injunction order dated 13.4.2006. Issue no.3 relates to valuation and court fees payable by the plaintiff. Ordinarily an issue relating to valuation and court fees payable on the plaint has to be decided as a preliminary issue. Learned counsel for the petitioner is unable to point out as to how any prejudice is going to be caused to the petitioner in case the said issue is decided before the court proceeds to decide Misc. Case No.94 of 2008.

In such view of the matter, this Court is not inclined to interfere with the impugned orders. The petition is accordingly dismissed but with the observation that soon after issue no.3 is decided, the application of the petitioner registered as Misc. Case No.94 of 2008 be decided by the trial court.

(Manoj Kumar Gupta, J)

Order Date :- 1.2.2019 SL

Neutral Citation No. - 2019:AHC:17196