Mr. Dadu Balu Pawar v. Shri Shyamsunder Haribhau Potare

p16.8002.16-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8002/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Prabhune for the petitioner CORAM : K. K. TATED, J.

DATE : JULY 12, 2016 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the petitioner, the matter is taken on board for urgent orders.

2.

By this petition under Article 227 of the Constitution of India the Petitioner plaintiff challenges the order dated 30.11.2015 passed by the 4th Jt. Civil Judge, Junior Division Baramati below Exhibit- 88 on the application made by the defendant for directing the plaintiff to pay requisite court fees on Rs.2,77,300/- as provided under clause 6(v) of the Maharashtra Court Fees Act. Though the order was passed on 30.11.2015, the petitioner filed the petition on 20.02.2016 and moving for urgent orders today i.e. 12.07.2016. Basavraj G Patil 1/2

p16.8002.16-wp 3.

Considering these facts, I do not find any urgency in the matter. Hence, following order is passed:

a. Office is directed to issue notice before admission to the Respondents, returnable after six weeks.

b. In addition to usual mode of service, the petitioner is permitted to serve the Respondent along with entire proceedings by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before next date.

c.

The petitioner is directed to remove all office objections within 3 weeks from today, failing which the Writ Petition shall stand dismissed, without further reference to the court.

d.

At present no ad-interim relief.

S.O. 6 weeks.

JUDGE Basavraj G Patil 2/2