1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1865 OF 2009 Dilip Abhiman Dake ....Petitioner. Versus Kantabai Uddav Dake and others. ....Respondents. Shri. K.B. Jadhavar, Advocate for the petitioner. CORAM : B.R. GAVAI, J. DATE : 18th JUNE, 2009 PER COURT : 1. By way of present petition, the petitioner challenges the order dated 15th July 2008 vide which the petitioner has been directed to pay the deficit court fees of Rs. 12,515/- within 15 days. 2. The petitioner has filed the suit for declaration that he is lawful owner of the suit properties and so also consequential relief of permanent injunction. During pendency of suit the petitioner further amended the plaint and further sought relief that sale deed No. 2255/2006 executed by defendant No. 1 to 11 in favour of defendant Nos. 2 12 to 14 is not binding upon the plaintiffs. 3. After perusal of the plaint, the objection was raised by the defendants that the court fee was not properly paid. The learned Judge while deciding the objection found that the Court fee payable under section 6 (iv)(ha) of the Bombay Court Fees Act 1959, is not paid since the relief sought was for avoidance of sale. In view of the matter, the learned trial court found that the Court fee paid was falling short by Rs. 12,515/-. 4. From perusing the reasoning given by the learned trial Court, it cannot be said that the reasoning is perverse so as to warrant interference in extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. Hence, the petition is rejected. [ B.R. GAVAI, J. ] ssc/wp1865.09