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

27-wp-8475-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8475 OF 2024 Somnath Muralidhar Sangle and Ors.

...Petitioners

vs.

Shankar Ananda Sangle (since deceased through LRs) and Ors.

...Respondents

Mr. Sachin Gite, for the Petitioners.

Ms. Rukmini Khairnar i/b. Mr. Pratik Tahade, for Respondents. CORAM :

N. J. JAMADAR, J.

DATE :

MARCH 26, 2025 P.C:

1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to an order dated 15th April, 2024 passed by the learned Civil Judge, Sinnar directing the plaintiff to deposit requisite Court fee and correct the valuation of the suit.

3.

The impugned order is bereft of reasons. It does not specify what is the correct value of the suit claim and the Court fee that was required to be paid.

4.

In view of the above, with the consent of the learned counsel for the parties, the petition stands allowed and the impugned order stands quashed and set aside.

5.

The respondents/defendants are permitted to file an application under section 8 of the Maharashtra Court Fees Act, Vishal Parekar, PS ...1

27-wp-8475-2024.doc 1958.

6.

In the event, such an application is preferred, the learned Civil Judge shall decide the same on its own merits and in accordance with the law after ascribing reasons. 7.

The learned Judge shall not be influenced by the observations in the impugned order.

Petition disposed.

(N. J. JAMADAR, J.) Vishal Parekar, PS ...2