{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1990 OF 2009 Sk.Jusa s/o Sk.Yusuf PETITIONER VERSUS Khurshidbee w/o Mohmmad and others RESPONDENTS ....... Mr.R.M.Pardeshi h/f Mr.S.V.Gangapurwala for petitioner Ms.Fatima Kazi h/f Mr.S.S.Syed, Advocate for respondent No.1 ....... [CORAM : A.V.POTDAR, J.] DATE : 17 th June 2009 PER COURT: 1. By the present petition, under Articles 226 and 227 of the Constitution of India, the petitioner / original plaintiff has challenged the order dated 14.01.2009 passed below Exhibit-35 in MARJI Appeal No.860/2004 by 4th Joint Civil Judge, Senior Division, Aurangabad. 2. Heard advocate for the petitioner followed by the arguments of advocate for respondent. {2} 3. It is not disputed that Special Civil Suit No.198/1990 was filed for partition and separate possession and for administration of the estate by the respondents No.1 and 2. It is also not disputed that the said suit was decreed by the Joint Civil Judge, Senior Division, Aurangabad vide judgment and order dated 13.03.1995. It is also not disputed that first appeal was preferred challenging this judgment, which was disposed of / dismissed for want of prosecution. Thereafter preliminary decree came to be passed. It appears that the value of the share of the petitioner as 1/5 th share was granted in the compensation of Rs.1,27,520.65, value of agricultural land is Rs.6,000/- and value of share for the 3 houses was Rs.20,000/-. Thus, the total claim for the final decree was valued in the sum of Rs.29,600/-. Considering the value of the claim of the final decree and application came to be moved by the petitioner to return the application for final decree for presentation before the Court of Civil Judge, Junior Division, considering the valuation as shown for the purpose of jurisdiction. By order dated 14.01.2009, said application came be to rejected by the 4th Joint Civil Judge, Senior Division, Aurangabad by observing that as the judgment and decree as well as the preliminary decree was passed by the Court of Civil Judge, Senior Division, it is not necessary to return the application filed by the present petitioner to present the same before the Court of Civil Judge, Junior Division. Considering the powers vested in the court of Civil Judge Senior Division, the said court is also empowered to entertain application for final decree. Therefore, no fault can be found with the order dated {3} 14.01.2009 passed by learned Civil Judge, Senior Division, Aurangabad. In the premise, the writ petition, which is sans merits, is dismissed with no order as to costs. [A.V.POTDAR, J.] drp/wp1990-09