( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 438 OF 2010 Mirza Zafar Baig s/o Mirza Abdul Baig PETITIONER VERSUS Naser Khan s/o Amjadkhan and others RESPONDENTS ..... Mr. Amol Gandhi, advocate for the petitioner. Mr. K.G. Khader, advocate for the respondents. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 5th May, 2010] PER COURT : 1. Heard learned counsel. 2. The petitioner is a purchaser of agricultural land. He is original defendant No. 4 in the suit (Spl. C.S. No. 25/2007). The suit is filed by the respondents No. 1 to 5 for partition and separate possession as well as injunction. The petitioner has purchased the property from original defendants ( 2 ) No. 1 to 3 during pendency of previous suit. He paid consideration of Rs. 4,62,000/-. 3. The petitioner challenged jurisdiction of the Civil Judge (S.D.) as well as valuation made by the plaintiffs. He contended that the valuation for the purpose of suit ought to have been made in keeping with Rule 2 of the Maharashtra Suit Valuation Rules, 1983. The trial Court has rejected his objection, holding that inter alia, the plaintiffs have claimed immunity from the sale-deed executed by the original defendants No. 1 to 3 and that having regard to the valuation shown in the sale-deed, the plaintiffs have properly valued the suit for the purpose of jurisdiction. 4. The plaintiffs have not sought for declaration that the sale-deed in question is not binding on them. The learned counsel appearing for the respondents No. 1 to 5 submits that the plaintiffs will seek such declaration by filing amendment application within period of six (6) weeks. Considering the fact that already, the necessary averments are made in the plaint, the trial Court may grant such application for amendment, thereby the technical defect is likely to be surmounted. In keeping with such amendment, the suit will be ( 3 ) within the pecuniary jurisdiction of the trial Court and, therefore, no interference is called for. Hence, the petition is dismissed. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp438-2010