1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9960 OF 2009 Dilip Vasantrao Ingwale .. Petitioner versus Smt.Gayatri Dhiraj Jadhav & Ors. .. Respondents Mr.Hiten S. Venegarkar for the petitioner. CORAM : A.S.OKA, J. DATE : 23rd February 2010. P.C.: . Heard learned counsel appearing for the petitioner (original 1st defendant). He invited my attention to the prayer clauses claiming declaration in respect of documents dated 14th January 2008. He submitted that the said prayer clauses will be governed by section 6(iv)(ha) of the Bombay Court Fees Act, 1959. He submitted that in effect the relief claimed is as regards a contract of sale. He, therefore, submitted that trial Court committed an error by holding that clause (ha) will not apply. He invited my attention to averments made in paragraph 6 of the plaint. 2. I have perused the plaint. The relevant prayer clauses seek declaration as regards Deed of Release/ Deed of Relinquishment dated 14th January 2008. Clause (ha) of section 6(iv) of the said Act of 1959 will apply when a declaration is claimed that any sale or termination of contract for sale of any movable or immovable property is void. Firstly, there is no declaration claimed that the 2 documents dated 14th January 2008 are void. The declaration is that said documents are not binding on the share of the plaintiff. In any case there is no declaration claimed as regards any sale or contract of sale. Therefore, the learned trial Judge was justified in holding that clause (ha) of section 6(iv) of the said Act of 1959 will have no application. There is no merit in the petition and the same is rejected. (A.S.OKA,J)