Namdeo Pandurang Ghatge And ORS v. Pandurang Santu Ghatge And ORS

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11544 OF 2024 Namdeo Pandurang Ghatge and Ors.

Petitioners (Orig.

Plaintiffs)

Versus

Pandurang Santu Ghatge and Ors.

.. Respondents ..

WITH CIVIL REVISION APPLICATION (ST) NO. 20728 OF 2024 Namdeo Pandurang Ghatge and Ors.

Applicants (Orig.

Plaintiffs)

Versus

Pandurang Santu Ghatge and Ors.

.. Respondents ..

....................

 Mr. Prajakt Arjunwadkar, Advocate for Petitioners / Applicants. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 26, 2024.

P.C.:

1.

Having allowed Interim Application No.11865 of 2024, Writ Petition No.11544 of 2024 and Civil Revision Application (st.) No.20728 of 2024 are taken up immediately for hearing. 2.

Heard Mr. Arjunwadkar, learned Advocate for Petitioners / Applicants in CRA.

3.

Civil Revision Application takes exception to the impugned order dated 26.09.2023 passed in Application below Exhibit "37" in Special Civil Suit No.134 of 2022 by the 3rd Joint Civil Judge Senior

Division, Kolhapur. Application below Exhibit "37' is filed by Defendant Nos.3 and 4 under Order VII Rule 11(b) of the Code of Civil Procedure, 1908 inter alia with respect to valuation of the Suit property by the Plaintiff and in that view of the matter, the prayer for partition of the Suit property to the extent of 3/4th share of the Suit property as made by the Plaintiff. The learned Trial Court has allowed the Application and held that the Plaintiff failed to value the suit and to pay proper Court fees as per Section 6(iv)(ha), (v) and (vii) of the Maharashtra Court Fees Act, 1959.

4.

On perusing the impugned order and hearing Mr. Arjunwadkar, an arguable case has been made out by Mr. Arjunwadkar for issuance of notice in both proceedings, viz. Writ Petition as well as Civil Revision Application.

5.

Hence, issue notice to the Respondents. Humdast permitted. 6.

In addition to Court notice, Petitioners / Applicants are permitted to serve a copy of the Writ Petition / Civil Revision Application and this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next date.

7.

After receiving notice, Respondents are directed to take cognizance of this order and file their Affidavit-in-Reply on or before

the next date, if so desired.

8.

It is clarified that, this Writ Petition and Civil Revision Application shall be disposed of on the next adjourned date at the stage of admission itself after hearing the parties. 9.

Respondents are directed to remain present in Court on the next adjourned date either by themselves or through Advocate. 10.

Stand over to 18th September 2024.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.08.27 10:09:47 +0530 AJAY TRAMBAK UGALMUGALE