SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5907 OF 2007 Shri Jarnailsingh Indersingh Khangura...Petitioner Versus Shri Nichhattarsingh Indersingh Khangura ...Respondent ...... Mr.Amit Borkar i/b Mr.V.V.Purwant for Petitioner. Mr.A.T.Narsinghani for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. SEPTEMBER 2, 2008. SEPTEMBER 2, 2008. SEPTEMBER 2, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. There is no infirmity in the conclusion reached by the Court below in rejecting Application Exhibits 56 and 50 in R.C.S.No.280 of 2001 filed by the Petitioner under Section 9A of the Code of Civil Procedure, 1908 asserting that the Trial Court had no pecuniary jurisdiction. The Trial Court in the impugned Judgment has considered all : 2 : the relevant aspects including the averments in the Plaint and has rightly opined that the Suit as filed could be proceeded before that Court. The argument of the Petitioner that in the notice, the Respondent has claimed value of the suit property as Rs.5,00,000/- (Rupees Five Lakhs), does not take the matter any further. For, it is well established position that the issue of jurisdiction will have to be decided on the basis of the averments in the Plaint. The fact that the Respondent in the notice has demanded exorbitant or unreasonable amount does not mean that the concerned Court will have no jurisdiction. Especially when the Plaint limits the claim amount to value which is within its pecuniary writ jurisdiction. The Respondent has also substantiated that the value of the property is less than the pecuniary jurisdiction of that Court. Hence, no interference in exercise of writ jurisdiction is warranted. Dismissed. 3. It is placed on record that the Advocate for the Petitioner has handed over sum of Rs.1,500/- (Rupees One Thousand Five Hundred) to : 3 : the Advocate for the Respondent in the presence of Respondent who is personally present in Court. A.M.KHANWILKAR, J.