2026:BHC-AS:163 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11613 OF 2025 Subhash Baburao Aswale and Anr. ... Petitioners versus The State of Maharashtra and Ors. … Respondents Mr. Ranjit G. Jadhav (through VC) for Petitioners.

Mr. A.C.Bhadang, AGP for State.

CORAM: N.J.JAMADAR, J. DATE : 5 JANUARY 2026 P.C.

1. Heard the learned Counsel for the Petitioners.

2. The challenge in this Petition is to an order dated 9 July 2025 passed by the learned Civil Judge, Jr. Division, Nashik, whereby the application preferred by the Petitioners – Defendants for rejection of the plaint under the provisions of Order 7 Rule 11 of the Code of Civil Procedure, 1908, for not having correctly valued the suit claim and paid the proper court fees thereon, came to be rejected.

3. Learned Counsel for the Petitioners submitted that, though the Plaintiff is seeking partition and separate possession of the agricultural lands, yet, there are four bungalows constructed on the agricultural lands and the Plaintiff is also seeking partition in respect of the suit bungalows as well. Therefore, it was necessary for the Plaintiff to value the suit claim in accordance with the ma