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Bombay High CourtWP/1705/2026disposed off as a withdrawn

Diptesh Deepak Dixit And Others v. Amol S/O Sunil Bhoot And Others

2026-02-24Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 wp 1705.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.1705/2026 Diptesh and others V Amol and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. J.J. Chandurkar, Advocate for petitioners. CORAM : PRAFULLA S. KHUBALKAR , J .

DATE : 24-02-2026.

Heard learned Counsel for the petitioners.

2.

Petitioners challenge is to order dated 17-12-2025 passed by the trial Court, thereby partly allowing the application under Order 7 Rule 11 of the Code of Civil Procedure and directing the petitioners/plaintiffs to correct the valuation of the suit in accordance with Section 6(v) of the Maharashtra Court Fees Act (for short, the said 'Act') and pay deficit Court fees on the market value of the agricultural land. 3.

Learned Counsel for the petitioners submits that the suit is valued by considering the valuation as per Section 6(v),(a),(b),(c) of the Act and accordingly considering the land to be an agricultural land, requisite Court fees is already paid.

4.

In view of this, issue notice to the respondents, returnable on 17-03-2026.

5.

The petitioners are permitted to serve the respondents by private mode, in addition to regular mode of service and file an affidavit of service by next date.

6.

In the meantime, there shall be ad-interim relief in terms of prayer clause (2), which reads thus :

2 wp 1705.26.odt "(2) Stay the effect and operation of the order dated 17.12.2025 passed by Civil Judge, Junior Division, Nandgaon Khandeshwar below Ex.45, in R.C.S. No.23/2025 Annexure-D till disposal of the petition."

(Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 24/02/2026 18:21:34