1 (32)A.O.415.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 415 OF 2011 Rahibai Yashwant Bhadake & Ors. ...Appellants Vs. Sudam Yashwant Bhadake & Ors. ...Respondents Ms. Smita Gaidhani, Advocate for the Petitioner Mr. S.M. Sabrad, Advocate for Respondent Nos.2 to 4 CORAM : SMT. ROSHAN DALVI, J. DATED : 16TH AUGUST, 2011 P.C. : 1. The Plaintiffs are the mother and brothers of Defendant No.1. Defendant No.1 sold the suit property to Defendants 2 to 4. The sale was challenged. The trial Court rightly considered that it had no pecuniary jurisdiction to try the suit and sought to return the plaint to appropriate Court for filing under Order 7 Rule 10 of the C.P.C. 2. The Plaintiff has withdrawn prayers (a) and (b). Prayer (c) is the only material prayer which survives. Prayer (c) is in respect of the protection of joint possession against third parties. Defendants 2,3 and 4 have already been sold the suit property by Defendant No.1, which sale is no longer challenged. Upon prayer (c) alone further Court fees would not be required to be paid. The determination of prayer (c) alone would be in the jurisdiction of the trial Court. 3. Consequently, the impugned order would not require the plaint to be 2 (32)A.O.415.2011.sxw returned to proper Court for filing. The plaint shall proceed only upon prayer (c). Interim application shall be decided on merits only upon prayer (c) in the plaint. The suit shall continue for that purpose. 4. Appeal is disposed off accordingly. (SMT. ROSHAN DALVI, J.)