1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3257 OF 2009 Laxman D. Bhadale. ..Petitioner. V/s. Mrs.Kamal Sanjay Tanpur & Ors. ..Respondents. Mr.S.R.Page i/b. Mr.S.G.Surana for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. I find no infirmity in the approach of the Court below in observing that the question whether the suit property is in residential zone or not, is yet to be finalised; and dependent on the finding to be recorded on that issue, further orders for recovery of deficit court fee can always be passed at the appropriate stage. For the time being, the Court has proceeded to assess the value of the property, as if the same are agricultural lands and on that basis court fee has been paid by the Plaintiff, which fact is not in dispute. In the circumstances, it is made clear that in the event, at the end of the trial, the Court were to find that the suit property is falling 2 under residential zone, it may be necessary to issue appropriate order to call upon the Plaintiff to pay deficit court fee. 3. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)