Samadhan Dashrath Salunke vs Kamdhenu Co-Operative Housing ...
2021 Latest Caselaw 4047 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                     CIVIL REVISION APPLICATION (ST.) NO.2472 OF 2020
                       (Converted into Writ Petition No. _______ of 2021)



     Samadhan Dashrath Salunke                       ....   Petitioner

             Vs.

     Kamdhenu Co-op. Housing Society ....                     Respondent
     Ltd., Nashik


     Mr. Tushar N. Sonawane for Petitioner
     Mr. Anilkumar Patil a/w Rohan Kaiche for Respondent


                                         Coram : NITIN W. SAMBRE, J.

Date : 4th MARCH, 2021

P.C.:

1. Leave to amend. Amendment to be carried out forthwith.

2. The submissions of learned counsel for the Petitioner are,

he being Plaintiff in a suit for declaration, the suit claim ought not to

have been directed to be valued under the provisions of Section 6 (iv)

(h) of the Maharashtra Court Fees Act, 1959 particularly when there is

no challenge to the sale-deed.

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3. My attention is invited to the prayer clause in the plaint, so

as to substantiate the contention that the suit is only for declaration.

4. As far as both these prayers are concerned, in my opinion,

the perusal of the provisions of Section 6 (iv) (h) of the Maharashtra

Court Fees Act, 1959 does not cover the valuation of the suit claim

thereunder.

5. In the aforesaid backdrop, the contention that since the

sale-deeds are not challenged, and only declaration is sought to the

extent of suit transaction not binding on the share of the Petitioner, the

order impugned is not sustainable. The Petitioner has rightly pointed

out paragraph 7 of the Apex Court judgment in the matter of Suhrid

Singh @ Sardool Singh Vs. Randhir Singh & Ors, decided in Civil

Appeals Nos. 2811-2813 of 2010.

6. In view of above, the order impugned dated 6 th January,

2020 passed below Exhibit 16 in Special Civil Suit No. 330 of 2019 is

hereby quashed and set aside.

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7. Application Exhibit 16 stands restored to the file of the trial

Court. The trial Court be decided the same afresh, in the light of

observations made hereinabove.

8. Needless to clarify that the rival parties are at liberty to

canvas their all relevant contentions.

( NITIN W. SAMBRE, J.)