Sujit Narayan Prasad, J. - (1.) The writ petition is under Article 227 of the Constitution of India, whereby and whereunder order dated 21.07.2018 (Annexure-4) passed in Title Suit No.78 of 2015 by the Civil Judge (Jr. Div.)-I, Jamshedpur, is under challenge, whereby and whereunder petition filed by the petitioner dated 17.07.2017 for deciding the jurisdiction and valuation of the suit land for settlement of issue, the same has been rejected against which, this writ petition has been filed.
(2.) The brief facts of the case as per the pleading made in this writ petition is that a suit has been filed by the plaintiff/respondent being Title Suit No.78 of 2015 for declaring the right, title and interest of the plaintiff over the land and the sale deed no.4623 dated 18.11.1998 be declared to be illegal void ab initio and not binding with the plaintiff. The plaintiff contended that on 15.02.2015 one Mukhdev Yadav demanded a sum of Rs.10,30,000/- paid by him to the plaintiff for selling the scheduled property as he disclosed that defendant/respondent have executed the said sale deed in favour of the father of the defendant, late Badri Narayan. A notice have been issued by the trial Court, petitioner/defendant has appeared, who has filed a petition on 17.07.2017 mentioning therein to decide the jurisdiction and valuation of the suit land. A rejoinder to that petition has been filed stating therein that the suit has been filed by stipulating the right value of the suit property for the purpose of Court Fee and as such there is no illegality in the matter.
(3.) The trial Court after hearing the learned counsel for the parties have passed the order on 17.07.2017 which is impugned in this writ petition.;