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Bombay High CourtWP/1589/2017disposed offdismissed for default

Shreerang Pandurang Shelke And Others v. Maroti Pandurang Shelke

2017-09-20Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 911wp1589o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1589 OF 2017 SHREERANG PANDURANG SHELKE AND OTHERS

VERSUS

MAROTI PANDURANG SHELKE ...

Advocate for Petitioners : Shri Hiwrekar S.D.. Advocate for Respondent : Shri Jadhavar R.K.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 20th September, 2017 Per Court:

After hearing this matter for sometime, it appears that the Petitioners also desire a proper valuation of the suit. The learned Advocate for the Petitioners submits that there could not be a consensus between the parties. The mediation failed. In the light of the above, I find that the Petitioners/ Plaintiffs can themselves resort to an exercise of valuation of the suit by taking into account the market value of the surrounding properties as on the date of the filing of the suit. This exercise should be completed within eight weeks from today and subject to the further objections of the Defendant, the Petitioners/ Plaintiffs shall, accordingly, deposit the court fees under Section 6(v) of the Maharashtra Court Fees Act.

*2* 911wp1589o17 As such, this Writ Petition is disposed of with the above observations. The Petitioners shall, therefore, get the valuation of the suit property done within EIGHT WEEKS from today and shall not seek extension of time.

Needless to state, the contentions of the litigating sides are kept open.

kps (RAVINDRA V. GHUGE, J.)