Sudhir Shridhar Limaye And ORS. v. Lilabai Pandurang Limaye (Since Deceased Through Lrs.)

1 16) wp9605-17.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9605 OF 2017 Sudhir Shridhar Limaya & Ors.

..Petitioners.

V/s.

Lilabai Pandurang Limaya (since deceased) through LRs. & Ors.

..Respondents.

Mr.C.P.Deogirikar for the petitioners.

Mr.Nitin Dalvi with Ms.Amruta Devkar for the respondents. CORAM :

M.S.SONAK, J.

DATE :

APRIL 15, 2019 P.C.:- Heard learned counsel for the parties.

2.

Mr.Dalvi, learned counsel for the respondents, on the basis of instructions from the respondent-orginal plaintiff, who is present in the Court, states that the correct valuation and deposit of Court fees of Rs.3,00,000/- (Rupees three lakhs only) will be made within a period of eight weeks from today.

3.

The impugned order dated November 29, 2017 is modified in terms of the modified order, there shall be direction to the respondents consistent with their statement to correct the valuation in the suit and to deposit the correct Court fees of Rs.3,00,000/- (Rupees

2 16) wp9605-17.doc three lakhs only) within a period of eight weeks from today, failing which the plaint to stand rejected without further reference either to this Court or the learned trial Judge.

4.

It is made clear that there will be no question of any further extension in this matter now that more than sufficient time is being granted to the respondents. It is necessary to note that even the respondents had initially applied for only thirty days time to deposit the Court fees stamp as directed.

5.

This petition is disposed of in the aforesaid terms. There shall be no order as to costs.

(M.S.SONAK, J.)