2022:BHC-AS:6244 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10975 OF 2018 Sanjay Ramchandra Shendkar & Ors .. Petitioners Versus Narayan Antu Zendge & Ors .. Respondents …

Mr. Sarthak S. Diwan for the petitioner in WP No. 10975/2018.

Mr.Dormaan Jamshid Dalal for the respondent no.18 in WP

10975/2018.

CORAM: BHARATI DANGRE, J.

RESERVED : 15th DECEMBER, 2021 PRONOUNCED: 17th MARCH, 2022 JUDGMENT :-

1 Heard learned Advocate Shri Sarthak Diwan for the petitioner and Advocate Dormaan Dalal for the respondent/

defendant no.18.

2 A short point that arise for consideration is whether the Suit filed by the plaintiffs, seeking declaration and perpetual injunction ought to have attracted the Court fee in terms of Section 6(iv)(ha) or the Court fee was to be charged under Section 6(iv)(j) of the Maharashtra Court Fees Act.

The aforesaid question arose in the backdrop of the fact that the Suit property is an agricultural property described in paragraph no.1 of the plaint and it was pleaded to be the ancestral property of one Shri Savla, having two sons – Ramchandra and Baban and four daughters. It was pleaded that the suit property was never partitioned in t