Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7898 of 2018 Petitioner :- Smt. Anwari Begum Respondent :- The District Judge, Kanpur Nagar And 4 Others Counsel for Petitioner :- Ramendra Asthana,Munne Lal Hon'ble Manoj Misra,J.
Heard Sri Ramendra Asthana for the petitioner and have perused the record.
The instant petition has been filed for setting aside the order dated 09.01.2018 passed by the Additional Small Cause Judge, Court No.2, Kanpur Nagar in Suit No.24 of 2010 by which application 46-Ga submitted by the petitioner for obtaining a commission report as regards market value of the suit property, for the purposes of suit valuation and payment of court fee, has been rejected. The petitioner has also challenged the order dated 04.05.2018 passed by the District Judge, Kanpur Nagar in Civil Revision No.63 of 2018 by which the revision preferred against the order dated 09.01.2018 has been dismissed on the ground that the order dated 09.01.2018 was within the discretion of the trial court and no good ground was made out to interfere with the said order in revision.
A perusal of the record would reveal that the suit instituted by the other side was for preemption. The valuation of the suit property was as per the valuation reflected in the sale deed on the basis of which cause of action to institute suit for preemption was generated.
The trial court accordingly found that there was no good reason to issue any commission to determine the market value of the suit property more so, as the sale deed on the basis of which cause of action was generated was dated 25.04.2008 and the suit was instituted within a short span of time thereafter.
Having considered the reasoning recorded by the courts below in support of their order, no case for interference is made out in exercise of power under Article 227 of the Constitution of India. The petition is dismissed.
Order Date :- 30.10.2018 AKShukla/-