1 W.P.No.9762/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9762 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.P.N.Sonpethkar, advocate for the petitioner Mr.A.G.Kulkarni, advocate for Respondents. CORAM : S.V.GANGAPURWALA,J. Date : 20.12.2011. PER COURT : 1. Heard. 2. The present Respondents are the original plaintiffs who have filed suit for simpliciter injunction. The present petitioner raised an objection that the suit property is valued more than Rupees hundred lacs and the Court fees is required to be paid as per Section 6 (iv)(d) of the Bombay Court Fees Act. The learned counsel contends that if the pleading is considered all the while in the plaint, the plaintiff has contended that he is the owner of the property and so issue of ownership would be germane to the decision and as such the suit shall have to be valued at the market price. 2 W.P.No.9762/11 3. The learned counsel for the Respondents supports the order. 4. The suit is for simpliciter injunction. No relief of declaration is claimed. The Court has applied the provisions of Section 6(iv)(j) of the Bombay Court Fees Act. When no relief of declaration with regard to the title is claimed by the plaintiff in the suit and the suit is for simpliciter prohibitory injunction then in such circumstances, the suit is valued as per the fixed valuation provided under the Bombay Court fees Act. No error is committed by the Court while passing the impugned order. No case for interference in Writ jurisdiction of this court under Article 227 of the Constitution of India, is made out. 5. The Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.20.12.2011. asp/office/wp9762.11 3 W.P.No.9762/11