1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2593 OF 2009 Smt. Barki Bhurya Patil & ors. ..Petitioners. V/s. Smt.Ramubai K. Patil since deceased through heirs and LRs & ors. ..Respondents. Mr.Nitin Mulye for petitioners. Mr.V.V.Shinde i/b. Tandel & Co. for Respondent No.1(a) to 1(e). CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The order impugned in this Petition is a benign order passed by the lower Court- which merely observes that objection regarding court fee raised by the Petitioners can be addressed at the appropriate stage of the trial. It is noticed that issue regarding court fee has already been framed by the Court. Therefore, whether the Respondent/Plaintiff is right in contending that she is entitled for exemption or whether it is a case of deficit court fee, is a matter, which will have to address by the Trial Court while considering that issue. 2 3. In the circumstances, this Petition is devoid of merits. Hence dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)