Dhansing Sitaram Harane And Others v. Sugandhabai Ankush Harne And Others

12 WP.11113.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

12 WRIT PETITION NO. 11113 OF 2017 DHANSING SITARAM HARANE AND OTHERS

VERSUS

SUGANDHABAI ANKUSH HARNE AND OTHERS ...

Advocate for Petitioners : Mr. Ujwal Subhash Patil. ...

CORAM :

V. K. JADHAV, J.

DATE :

18th December, 2017.

ORDER:

.

I find no substance in this writ petition. This Court has directed the Trial Court by order dated 17th February, 2016 in Writ Petition No.3028 of 2015 to decide the application Exhibit 25 in Regular Civil Suit No.831 of 2013 afresh in the light of the provisions of Sections 8 and 9 of the Maharashtra Court Fees Act, 1959 within a period of four weeks from the date of the order. It appears that, thereafter, the Trial Court has directed the Sub-Registrar, Class-II, Aurangabad to ascertain the market value of suit plot No.50 admeasuring 1500 square meters and submit valuation certificate within one month. However, the Sub-Registrar Officers not responded to the directions issued by the Trial Court. Even both the parties though directed to submit the property card or 7/12 extract in respect of suit property, they have failed to produce the same. Hence, by

12 WP.11113.17.odt order dated 20th February, 2017 and the Trial Court has closed the evidence of both the parties on preliminary issue. Apart from the facts that the parties are not responding, however, the Trial Court shall take every endeavour to value the property through the Sub-Registrar Office, Aurangabad. If the said office is not responding to the directions issued by the Trial Court, the Trial Court may take harsh action against the said office. The writ petition is accordingly disposed of.

[ V. K. JADHAV, J. ] ndm