Vijay Madhav Yadav v. Mahesh Sudhakar Yadav And ORS

LSP 1 P-2 wp 16676.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 16676 of 2024 Mr. Vijay Madhav Yadav ...

Petitioner V/s.

Mahesh S. Yadav and others ...

Respondents.

Mr. Abhijeet A. Devkhile Advocate for the Petitioner CORAM : S.M. MODAK, J DATE : 13 November 2024.

P.C. :

Digitally signed by LATA SUNIL PANJWANI Date:

2024.11.19 14:59:21 +0530 The matter is taken on Board by way of a praecipe. LATA SUNIL PANJWANI 2.

There is an application filed by Defendant No.1 under provisions of Order 7 Rule 11(b) of the Civil Procedure Code. It is on the ground of undervaluation. The trial Court upheld that objection and directed the plaintiff to pay the deficit court fee stamp. The order dated 1 October 2024 is challenged in this petition by the plaintiff.

3.

The time to pay deficit court fee is extended till 16 November 2024. The prayer in the petition is for setting aside the main order. 4.

Issue notice to Respondents, returnable on 11 December 2024. Private notice is allowed. Service affidavit be filed.

LSP 2 P-2 wp 16676.24.doc 5.

In the meantime, Petitioner-Plaintiff is at liberty to request the trial Court for extension of time to deposit deficit court fee stamp. (S.M. MODAK, J.)