Somnath Muralidhar Sangle And ORS v. Shankar Ananda Sangle Since Decd. Thr. Lrs

49-wp8475-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8475 OF 2024 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.06.15 12:04:52 +0530 Somnath Muralidhar Sangle & Ors.

... Petitioners V/s.

Shankar Ananda Sangle Deceased Through Heirs & Ors.

... Respondents Mr. Sachin Gite for the petitioners.

CORAM

: AMIT BORKAR, J.

DATED : JUNE 14, 2024 P.C.:

1.

On an application under Order 7 Rule 11 of the Civil Procedure Code, 1908, the Trial Court has directed the plaintiffs to deposit requisite court fee stamp and correct valuation. Prima facie, such exercise could have been carried out on an application under section 8 of the Bombay Court Fees Act, 1959. Power under Order 7 Rule 11 of the Civil Procedure Code, 1908, could have been exercised either to reject the plaint or to reject the application.

2.

Hence, considering the nature of the order passed, issue notice to the respondents, returnable on 26 July 2024. 3.

Till 26 July 2024, the impugned order shall remain stayed. (AMIT BORKAR, J.)