Dismissed

Jaiwant Kedari Nikam v. Balsaheb Shankar Salokhe and Others

Bombay HC12 Oct 2007WP/4704/2007

Case brief

AI extract

What is this about?

The High Court, Civil Appellate Jurisdiction, summarily dismissed a writ petition challenging a trial court order on court fees valuation in a suit for injunction. The High Court found no infirmity in the trial court's decision to hold that the plaintiff takes a risk by not claiming additional relief. (Paragraph 9-10)

What did the court decide?

None, writ petition summarily dismissed.

Jaiwant Kedari Nikam Vs Balsaheb Shankar… — Civil Procedure and Limitation | Bombay HC (2007)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶2

 WRIT PETITION NO.4704 OF 2007

¶3

 Jaiwant Kedari Nikam ..Petitioner
 Versus
 Balasaheb Shankar Salokhe & Ors. ..Respondents
 ----

¶4

 Mr.S.S.Patwardhan for the petitioner.

¶5

 ----

¶6

 Coram : A.P.DESHPANDE,J

¶7

 Date : 12.10.2007

¶8

PC

¶9

 1. The plaintiff has instituted a suit for

¶10

 injunction simplicitor. The plaintiff has in fact
 contended in the plaint that the sale deed executed
 by defendant nos.1 to 5 dated 8.9.2007 is illegal
 but the prayer in the suit is only for injunction
 simplicitor. The suit has been valued for the
 purpose of court fees in accordance with Article 23
 (1) of Schedule-2 of the Bombay Court Fees Act by
 contending that the subject matter of the suit is
 not susceptible of monetory valuation. The trial
 Court has held that the plaintiff takes a risk by
 not claiming any other relief in addition to the
 relief of injunction and thus the plaintiff cannot
 be forced to pay court fees stamp on the valuation
 of the property as indicated in the sale deed.
 Perused the impugned order. The same does not call
 for any interference. Writ petition is therefore,
 summarily dismissed.

¶11

(A.P.DESHPANDE,J)

Jaiwant Kedari Nikam v. Balsaheb Shankar Salokhe and Others

Case brief

What is this about?

What did the court decide?

Jaiwant Kedari Nikam v. Balsaheb Shankar Salokhe and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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