1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8960 OF 2009 Mrs.Alka Namdeo Shelar .. Petitioner versus Kaluram Housiram Harpale & Ors. .. Respondents Mr.Ashok Tajane for the petitioner. Mr.Vishwanath Talkute for respondent Nos.1 to 3. Mr.Subhash Jadhav i/by ALMT Legal for respondent No.7. CORAM : A.S.OKA, J. DATE : 23rd March 2010. P.C.: . Heard learned counsel appearing for the parties. By the impugned order dated 7th September 2009, the petitioner-plaintiff has been directed to value the suit as per section 6(iv)(ha) of the Bombay Court Fees Act, 1959. This order has been passed in view of prayer clause (b) of the plaint. 2. The learned counsel appearing for the petitioner has tendered on record a copy of application dated 22nd March 2010 filed by the petitioner before trial Court in which there is a specific prayer for deleting prayer clause (b) of the plaint. 3. The said application appears to have been made purporting to be an application under Rule 17, Order VI of the Code of Civil Procedure, 1908. The prayer in the said application obviously appears to be for unconditional deletion of the prayer clause (b) of the plaint in view of the alleged settlement 2 referred to in paragraph 1 of the said application. In paragraph 1 of the said application, it is stated that the plaintiff-petitioner does not want to claim relief of declaration in terms of prayer clause (b). In view of the said application, the trial Court is bound to permit deletion of prayer clause (b). As a consequence of the deletion of prayer clause (b), the impugned order will be rendered inoperative in as much as the said order was passed in view of the prayer (b) incorporated in the plaint. The trial Court will decide the said application filed by the petitioner on 22nd March 2009 as expeditiously as possible. In view of the aforesaid subsequent development, petition does not survive and subject to what is observed above, the same is disposed of. (A.S.OKA,J)