1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7191 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.S.P.Deshmukh, counsel for petitioners. Mr.M.S.Sonawane,counsel for Respondent. CORAM : R.M.BORDE, J. DATE : 15/09/2010 1] The objection was raised by the petitioner original defendant in respect of valuation of the suit and the payment of court fees by the plaintiff. The objection has been turned down by the trial Court in view of the order passed below Exh.27 on 9/9/2009 in Regular Civil Suit No.12/07. 2] I have perused the application as well as impugned order. I have also gone through the contents of the order. The plaintiff is seeking relief in respect of declaration as well as recovery of possession of the agricultural property. Plaintiff is also praying for recovery of past and future mesne profit. The suit is 2 valued at Rs.9562/- for purposes of claiming recovery of possession and at Rs.9000/- for purpose of claiming past mesne profit and the Court fees has been paid accordingly. The suit has been valued in accordance with provisions of Maharashtra Suits Determination of Value of Lands Rules 1983 which is proper. In this view of the matter, the objection raised by petitioner is based on interpretation of Section 6 (d) of the Bombay Court Fees Act is not sustainable. 3] It has been pointed out by the counsel appearing for petitioner that no Court fees for purposes of claiming a declaratory relief has been paid by the plaintiff, which appears to be correct. The counsel appearing for respondent-orig.plaintiff on instructions makes a statement that he would pay the requisite Court fees in respect of the claim made in the plaint i.e. in respect of declaratory relief prayed for in para 10-A of the plaint. The respondent plaintiff may make appropriate request to trial Court and deposit requisite amount of Court fees within 8 weeks. 3 4] In this view of the matter, no further order is required to be passed in the instant Writ Petition. The instant Writ Petition is devoid of substance. Hence, Writ Petition is rejected. Interim relief granted earlier, shall stand vacated. (R.M.BORDE,J.) umg/wp7191-09