1 wp 2706.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2706 OF 2010 1. Dr. Gopalrao Baburao Sondge & anr. .. Petitioners Versus 1. Shri Bankat Swami Shikshan Sanstha Khadki (Ghat), Tq. Beed through its Office bearers and others .. Respondents Shri A. M. Gaikwad, Advocate for Petitioners. Shri Boiwar, Advocate h/f Shri Sanjay Kokare, Advocate for Respondents. CORAM : S. V. GANGAPURWALA, J. DATE : 11TH JULY, 2011. PER COURT : . The petitioners are the original plaintiffs. They filed the suit for damages on the count of defamation claiming compensation of Rs. 1,00,00,000/- (Rs. One Corer only). The defendant filed an application directing the plaintiffs to deposit court fees on Rs. 50,00,000/-. The Trial Court allowed the said application and directed the plaintiffs to deposit the necessary court fees on Rs. 50,00,000/-. The petitioners have challenged the said order in the present writ petition. 2 wp 2706.10 2. Shri Gaikwad, the learned counsel for petitioners submits that by filing an application the petitioners have abandoned claim of Rs. 25,00,000/- and as such, the Court could have directed them to pay Court fees only on Rs. 25,00,000/-. This aspect has not been considered by the Court. The learned counsel contends that Under Order 23 of the Code of Civil Procedure it is within the domain of plaintiff to abandon the part of a claim and the plaintiff would not be required to pay Court fees on the abandoned part. This aspect also has not been considered by the Court. 3. I have gone through the pleadings. In the say that is filed to the application directing the plaintiffs to deposit the court fees the plaintiffs have contended that composite claim of an amount of Rs. 50,00,000/- is being preferred only. None the less when the composite claim of Rs. 50,00,000/- is claimed, the plaintiffs are required to pay Court fees on the same. In the result I do not see any error committed by the Trial Court while passing the impugned order. The writ petition as such is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/July 11