1 WP6301/08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6301 OF 2008 Namdeo s/o Sahebrao Lobhe & another Petitioners V E R S U S Chimabai w/o Vasant Maate Respondent Mr. P.V. Barde, Advocate, holding for Mr. M.A. Khandharkar, Advocate for the petitioners Mr. P.K. Deshmukh, Advocate for the respondent - sole CORAM : A.V. NIRGUDE, J. DATED : 15th April, 2011 ORAL ORDER : 1. Heard. 2. The original defendant in Regular Civil Suit No. 10 of 2007, which is pending before the learned Civil Judge, Senior Division, Umarga / Lohara, District Osmanabad, is the petitioner. He filed this writ petition under Article 227 of the Constitution of India for challenging the order dated 15th April, 2008, passed on Exh.25, by the Joint Civil Judge, Senior Division, Umarga, rejecting application (Exh.25). Rather belatedly, the petitioner / defendant moved said application. By this application, the petitioner wanted the Court to decide certain issue as preliminary issue. The Court refused to do so and held that all the issues would be taken up together, because the suit had already reached the trial stage. 3. After hearing the submissions and perusing the impugned order, I am not inclined to disturb the impugned order. Indeed, the time for making this application was wrong. Such an application could have been made soon after the suit was filed. I am not expressing any opinion on merits of the 2 WP6301/08 issue in respect of Court fee, but I would advice the respondent / plaintiff to consider her position and if necessary to take such evasive steps as to prevent dismissal of the suit for want of required court fee. 4. The petitioners’ Advocate urged the Court to expunge certain remarks made in the impugned order against the Advocate, who appeared for the petitioner in the lower Court. I am in agreement with his submission that the said remarks were uncalled for. The remarks suggest that something had occurred in the past which has no relevance to the decision on the application. So, though I am dismissing the writ petition, I am expunging the personal remarks / comments made against Shri. Khandharkar, Advocate, appearing for the petitioner, in the impugned order in the lower Court. The remarks at page No. 27 of the petition stand deleted from the original record. In view of above, writ petition stands dismissed. ( A.V. NIRGUDE, J. ) SRM/15/4/11