wp2282.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.2282/2011 Narayan Vishwanath Mhatarmare -vs- Sau.Radhabai W/o Laxmanrao Thakre and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri C. A. Joshi, learned counsel for the petitioner. CORAM : R. M. SAVANT, J. DATED : 26/07/2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 07/02/2011 passed by the learned Civil Judge, Junior Division, Manora, District Washim, by which order the objection raised by the original plaintiffs i.e. the respondent Nos.1 to 6 as regards the valuation of the suit came to be upheld. The prayer clause (C) in the counter claim is reproduced here - “(C) It be declared that sale deeds dt. 03/02/2007 executed in favour of deft Manoj and Mayur to the counter claim are null and void and not binding on the deft Narayan.” In the context of the said relief sought, the trial Court was right that the Court fees payable considering the said relief would be one governed by Section 6 (iv) (ha) of the Bombay Court Fees Act and not Section 6 (iv) (j). In my view, wp2282.11.odt 2/2 the finding of the trial Court in that behalf is unexceptional and does not merit any interference in the writ jurisdiction of this Court. The Writ Petition is accordingly dismissed. However, it is open for the petitioner, if so advised, to move an application for amendment of the said prayer clause and if such application is filed, the trial Court would consider the same on its own merits and in accordance with law. JUDGE KHUNTE