Writ petition challenging rejection of an Order 7 Rule 11(c) CPC application in a partition suit. The court held valuation objections must first be raised under Section 8 of the Maharashtra Court Fees Act, and dismissed the petition leaving that remedy open.
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.
10-wp-12371-2024-FINAL.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12371 OF 2024
Dattu Devram Nathe … Petitioner V/s. Latika @ Shanta Dattu Nathe & Ors. … Respondents
Mr. Pramod N. Joshi for petitioner.
CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 11, 2024
P.C.:
1
10-wp-12371-2024-FINAL.doc
petitioner to file an appropriate application under Section 8 of the Maharashtra Court Fees Act, 1959, the writ petition is dismissed. No order as to costs.
(AMIT BORKAR, J.)
2
1 issue framed by the court
Whether the Trial Court erred in rejecting the application under Order 7 Rule 11(c) CPC without first adjudicating suit valuation under Section 8 of the Maharashtra Court Fees Act.
2 provisions across 2 enactments
Dattu Devram Nathe
Latika @ Shanta Dattu Nathe
Amit Borkar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
