jpc wp8485-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8485 OF 2011 Chandrakant Iresha Vadar @ Alvikar ... Petitioner Versus Limbaji Tipanna Vadar and others ... Respondents Mr. Sanjay Patil i/by Mr. P. M. Pradhan for the petitioner CORAM: R. M. SAVANT, J. DATED : 29th November, 2011 P.C. : 1. The above petition takes exception to the order dated 31th March, 2011 passed by the learned Civil Judge, Junior Division, Akkalkot, by which order the application Exh.20 filed by the defendants under Order 7 Rule 11-(b) of the Code of Civil Procedure came to be allowed and resultantly, the plaintiff was directed to correct the valuation of the suit and pay proper court fees accordingly as per the provisions of the law. 2. The petitioner who is the original plaintiff has filed the suit in question being Regular Civil Suit no. 51 of 2010 for declaration of ownership in respect of the suit property mentioned in para 1 of the jpc wp8485-11.sxw 2 plaint. Inspite of such declaration being sought, the plaintiff valued of the suit property under Section 6(IV)(j) of the Bombay Court Fees Act on the ground that the said declaration of ownership is sought on the basis of adverse possession. The trial Court, on the basis of the said relief sought, has held that Section 6(IV) (j) would not be applicable as the relief sought by the plaintiff is capable of monetary valuation, and therefore, issued direction as contained in the operative part of the order. In my view, considering the relief sought in the suit, may be on the ground of adverse possession, the learned trial Court was right in ordering the plaintiff to correct the valuation and pay the proper Court fees as per the Bombay Court Fees Act. In that view of the matter, no case for interdiction is made out. Writ petition is accordingly dismissed. (R. M. SAVANT, J.)