This Single Judge Bench dismissed a writ petition challenging a trial court order on jurisdiction regarding court fee valuation in a partition suit involving agricultural land, relying on section 6(iv)(ha) of the Maharashtra Court Fees Act, 1959.
The writ petition was dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
37-wp7299-2022.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7299 OF 2022
VAIBHAV RAMESH JADHAV
Digitally signed byVAIBHAV RAMESHJADHAVDate: 2023.12.1318:57:45 +0530
Vitthal Padoba Mokashi … Petitioner V/s. Kisan Anyaba Marathe & Ors. … Respondents
Mr. Rajesh S. Datar i/by Mr. Akshay J. Kandarkar for the petitioner.
CORAM : AMIT BORKAR, J. DATED : DECEMBER 13, 2023
P.C.:
1
37-wp7299-2022.doc
conveyances. Therefore, in view of the judgment in the case of Dilip Khushalchand (Srisrimal) Jain and Others vs. Hardik Deepakbhai Ramani and Others reported in 2023 (3) ABR 672 the valuation of the Court Fees under section 6(iv)(ha) of the Maharashtra Court Fees Act, 1959 is not required to be made. Hence, the impugned order passed by the Trial Court does not suffer from error of jurisdiction.
(AMIT BORKAR, J.)
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3 issues framed by the court
Whether the Trial Court erred in jurisdiction by determining court fees applicable to a partition suit involving agricultural land.
Whether court fees are liable under section 6(iv)(ha) where the plaintiff was not a party to certain conveyances.
Whether the impugned order passed by the Trial Court in the writ petition is unsustainable.
Colour shows how this judgement treated each authority
Dilip Khushalchand (Srisrimal) Jain and Others vs. Hardik Deepakbhai Ramani and OthersRelied on¶13
2023 (3) ABR 672
3 provisions across 1 enactments
Vaibhav Ramesh Jadhav
Kisan Anyaba Marathe
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
