1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1156 OF 2010 Arun K. Joshi ....Petitioner V/s. Antenio B. D’Souza & Ors. ....Respondents Mr.S.M. Railkar for the Petitioner. Mr.Mandar Limaye with Mr.M.S. Lagu for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 18TH FEBRUARY, 2010. P.C. :- 1. Rule. By consent Rule is made returnable and heard forthwith. 2. The Plaintiff/petitioner has filed this Petition to impugn the order directing him to correct the valuation of the suit and to pay the court fees accordingly. 3. The learned counsel translating the documents stated that the Plaintiff/Petitioner’s case is that the power of attorney is irrevocable and that pursuant thereto the Plaintiff is entitled to the benefit of the entire property. The property is the subject matter of land acquisition. I am further informed that the prayers as translated seek only a declaration to the effect that the agreements between the Respondents inter-se are void, possession of the property and an injunction restraining Respondent No.1 from withdrawing the compensation deposited in the land acquisition 2 proceedings. In other words, there is no prayer for a decree for the amounts of Rs.90.00 lacs deposited in the land acquisition proceedings. The effect of the Plaintiff merely having sought a declaration and not the consequential relief is another matter with which I am not presently concerned. 4. However, there can be little doubt that the valuation of the property at Rs.22.00 lacs is on the conservative side. The valuation would be higher not lower. There is nothing to indicate that the documents between the Respondents inter-se has under-valued the property. 5. In the circumstances, the Petition is dismissed. However, time to comply with the order is extended upto and including 22.3.2010. In the event of the impugned order being complied with as aforesaid, the interim reliefs granted by the trial Court shall continue for a period of four weeks thereafter. Any extension of the said period shall be made before appropriate Court.