Dismissed

1. Shri Vilas Eknath Kapre and Ors----- v. Smt. Anjanabai Kaluram Mapare and Ors.

Bombay HC24 Oct 2013SA/277/2013

Case brief

AI extract

What is this about?

The Bombay High Court dismissed a second appeal as devoid of merits. The Court held that a subsequent 2000 Government Notification regarding court fee exemption for women does not apply retrospectively to a 1996 suit. The enquiry into mesne profits was deemed incidental and unable to raise a substantial question of law.

What did the court decide?

Second appeal dismissed; civil application rejected.

1. Shri Vilas Eknath Kapre and Ors----- Vs Smt. Anjanabai… — Property and Title | Bombay HC (2013)

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277.13-sa

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION

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SECOND APPEAL NO.277 OF 2013 WITH CIVIL APPLICATION NO.788 OF 2013 IN

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SECOND APPEAL NO.277 OF 2013

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Vilas EknathKapre & Ors. V/s.

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Smt. Anjanabai K. Mapare & Ors.

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...Appellants

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...Respondents

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Ms. Manjiri Parasnis for the appellants. Mr. R. N. Sanghvi for respondent Nos.2 to 4.

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CORAM: S.S. SHINDE, J. DATED : OCTOBER 24, 2013

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P.C. :

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Heard the learned counsel for the parties. The counsel for the appellants restricted her arguments to ground Nos. (c) and (d) of the appeal memo. She submits that the suit was not maintainable for non payment of court fees. It is submitted that the subsequent Notification issued in the year 2000 by the Government of Maharashtra has not granted exemption from payment of court fees to women litigant, if the dispute is not arising out of matrimonial dispute. She further submits that the trial court has granted mense profits though there was no prayer or application to that effect.

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The learned counsel for the respondents submits that the suit was filed in the year 1996 and therefore at the relevant time, women litigants were exempted from paying court fees even in case of property dispute. It is further submitted that the enquiry ordered by the trial

Basavraj G Patil

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277.13-sa

court is under Order XX Rule 12 of the Code of Civil Procedure, 1908 for mesne profit is incidental relief granted in addition to main relief. Therefore, he submits that the second appeal is devoid of any merits. Hence, the same be dismissed.

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Heard the learned counsel for the parties. Perused the findings recorded by the courts below. Since the counsel for the appellants restricted her arguments only to the aforesaid two points, it is not necessary for this court to look into any other grounds. So far as court fees is concerned, prior to year 2000, women litigants were exempted from payment of court fees in property disputes. There was occasion for this court to examine the said aspect and this court has taken a view that by earlier Notification, women litigants were exempted from payment of court fees even in property dispute. Though there is subsequent Notification in the year 2000 the same cannot be made applicable with retrospective effect to the suit which was filed by the plaintiffs in the year 1996.

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So far as the enquiry by the trial court for mesne profits under Order XX Rule 12 of the CPC is concerned, that relief is incidental relief granted by invoking powers under Order XX Rule 12 of the CPC, that may not raise any substantial question of law in the second appeal for consideration. Hence, for the reasons stated hereinabove, second appeal is devoid of any merits. Hence, the same stands dismissed. Resultantly, civil application stands rejected.

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Basavraj G Patil

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1. Shri Vilas Eknath Kapre and Ors----- v. Smt. Anjanabai Kaluram Mapare and Ors.

Case brief

What is this about?

What did the court decide?

1. Shri Vilas Eknath Kapre and Ors----- v. Smt. Anjanabai Kaluram Mapare and Ors.

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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