1 wp1388.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1388 of 2011 Santosh Ramchandra Tadsare ... Petitioner v/s. Subhash Ramchandra Gujjar & ors. ... Respondents Mr. G.D. Utangale with B.V. Phadnis i/b. Utangale & co. for the petitioner. Mr. K.K. Khanna i/b Amol Joshi for the respondents. CORAM:- B.R. GAVAI, J DATED :- MARCH 24, 2011. P.C. By way of present petition, the petitioner challenges the order dated 7th January, 2011 vide which the learned trial Court has rejected the application filed by the present petitioner raising preliminary objection to the peculiar jurisdiction of the learned trial Court. 2. The learned Counsel for the petitioner submits that from the perusal of the pleadings which would reveal that valuation of the suit property is 2 wp1388.11.sxw much more and as such the learned trial Court ought to have allowed the application. 3. For ascertaining the question of jurisdiction, the Court can only go into the averments made in the plaint. From the averments made in the plaint, it could be seen that the plaintiff has specifically averred that the property which he claims to be in partition is agricultural property and as such has held that valuation as done by the plaintiff for a suit for partition was in accordance with Section 6(vii) read with Section 6(v) of the Court Fees Act. 4. No perversity is noticed to warrant interference under extraordinary jurisdiction under Article 227 of the Constitution of India. Hence, rejected. (B.R. GAVAI, J)