PRANAB THAREJA vs PALLAV THAREJA

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04.11.2025 + CM(M) 2101/2025, CM APPL. 68699/2025 & 68698/2025 PRANAB THAREJA .....Petitioner Through: Mr. Moni Chinmoy, Advocate versus PALLAV THAREJA .....Respondent Through: None CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/plaintiff has assailed order dated 24.09.2025 of the learned trial court, whereby petitioner/plaintiff was granted 30 days to amend the plaint qua suit valuation and affix proper court fees, failing which the plaint would be rejected. Since summons in the suit are yet to be ordered, there is no need to issue notice of this petition. 2. I have heard learned counsel for petitioner/plaintiff. 3. The petitioner/plaintiff filed a suit for partition and declaration on the basis of Sale Deed dated 16.08.1994, whereby the subject property was purchased by plaintiff and his brother (defendant). As pleaded by petitioner/plaintiff, he is in possession of the subject property jointly with the defendant. It being a suit for partition in which the plaintiff is in possession of the subject property, the court fees payable would be the fixed CM(M) 2101/2025 Page 1 of 2 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c 6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID KATHPALIA - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80 cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.11.04 13:21:05 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:04.11.2025 14:22:12 court fees. However, the petitioner/plaintiff paid ad-valorem court fees on higher amount calculated on the basis of the sale consideration of the subject property