IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.324 of 2009 Between: Smt.K.Anuradha ..... APPELLANT And A.S.S.Prakasa Rao and 6 others .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No.324 of 2009 JUDGMENT: This civil miscellaneous appeal is directed against the order dated 22.01.2009 passed by the Principal Senior Civil Judge, Visakhapatnam in G.R.No.197/2009 whereunder and whereby the learned Judge returned the plaint of the appellant for presentation in proper Court, on the ground that the value of the suit is more than Rs.30 lakh beyond the jurisdiction of the trial Court. 2. The trial Court has taken into consideration the value of the property as per the sale agreement dated 25.01.2006 whereunder an extent of 400 sq.yards of site was agreed to be purchased by the plaintiff, and 2nd defendant from the 1st defendant, and therefore, the value of the half share comes to Rs.31,75,000/- which is beyond jurisdiction of the trial Court. The relief sought for by the plaintiff in the suit is in respect of B-schedule property, which is an extent of 115 sq.yards, whereunder the plaintiff is claiming only 57.5 sq.yards of site, and as a matter of fact, the relief sought for is in respect of half share of B-schedule property, which comes to 57.5 sq.yards that is valued at Rs.15,875/- per sq.yard. Therefore, the value of 57.5 sq.yards comes to Rs.9,12,813/- and basing on that the value of the plaint appears to be correct prima facie because the plaintiff is seeking the relief of specific performance in respect of half share in the B-schedule property which comes to 57.5 sq.yards, and hence the trial Court has got jurisdiction to number the suit, if it is otherwise in order. Accordingly, the Civil Miscellaneous Appeal is allowed. The trial Court is directed to number the suit, if it is otherwise in order. There shall be no order as to costs. _________________ K.C.BHANU,J Dated: 08.09.2011 Dsr