1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4225 of 2009 ( Mahadeo s/o Rambhau Mitkari ..vs.. Dnyaneshwar Gayner ) -------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr. M.Y. Wadotkar, Advocate for petitioner. Coram : R.C. Chavan, J. Dated : 12 th October, 2009 This petition is directed against the order passed by the 4th Jt. Civil Judge Senior Division, Nagpur entertaining the respondent’s counterclaim in petitioner’s suit. The counterclaim was filed on 10th July, 2007 in respect of a cause of action which arose according to the counterclaim on 11-6-2003. Reliefs sought were declaration in respect of the counterclaimant’s title, absence of the title of the present petitioner and recovery of possession. The counterclaim was valued at Rs.1,00,000/-. According to the petitioner, the counterclaim, in so far as it related to the declaration, was barred by limitation. The valuation of the property 2 was worth Rs.2,00,000/-and therefore, it was beyond the jurisdiction of the Court. The learned trial Judge, however, allowed the application and entertained the counterclaim. The contention which the petitioner wants to raise would have to be raised in the written statement to the counterclaim. Thereafter the learned trial judge would frame issues and then decide whether the counterclaim is within limitation, whether it is properly valued etc. The petition is misconceived and therefore, dismissed. If the petitioner has not filed written statement, he may file written statement to counterclaim which the learned trial judge would entertain. Judge. adgokar