Date: 01-04-2019
Business: Adv. Dalal for Plaintiff present.
Adv. Parekh for Defendant no.1 present.
Adv. Yagnik for Defendant nos.2 to 4 present.
I have gone through objection relating to Court fee raised by official that Court fee has to be paid u/s.6(iv)(ha) of Maharashtra Court Fees Act.
I perused the plaint and heard Ld.Adv for Plaintiff. Plff has sought declaration and injunction. The declaration sought is to the effect that notice dtd.22.02.2019 issued by defendant is null and void and without any legal sanctity and be quashed and set aside. The Plaintiff has sought permanent injunction to the effect that defendant, its agents, servants, nominee be restrained by an order and injunction from in any manner whatsoever evicting and/or dispossessing the Plaintiff, its servants, employees, etc from the suit premises and also restrain defendants, its agents, servants, nominees from in any manner objecting, interfering and/or hindering the ingress and egress of the Plaintiff to the suit premises without following due process of law.
I have gone through Sec.6(iv)(ha) of the Maharashtra Court Fees Act. It speaks that in suits for declaration that any sale, or contract for sale or termination of contract for sale, of any moveable or immoveable property is void (one half) of ad valorem fee leviable on the value of the property.
Certainly as pointed above present suit is not for avoidance of sale, or for avoidance of contract for sale, so said provision is not applicable for determining Court fee in present matter. Keeping in view reliefs sought, provisions of Sec.6(iv)(j) are applicable. Therefore, objection raised does not sustain and Registrar(Civil) is directed to register the suit.
K.B.
L.O. at 4.20pm.
Adv. Sigarla for Plaintiff present.
Adv. Yagnik for Defendant no.2 to 4 present.
After registration of suit query was made to the counsel present on the aspect of consent terms.
Adj for hearing to 03.04.2019.
Next Purpose: HEARING
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv. Dalal for Plaintiff present.
Adv. Parekh for Defendant no.1 present.
Adv. Yagnik for Defendant nos.2 to 4 present.
K.B.
L.O.
I have already verified parties in relation to consent terms, Exh.7. They voluntarily admit terms in it. I am of the view that clause 4(c) of consent terms does not come within the purview of jurisdiction of this Court. Therefore, except to consent term clause 4(c), suit has to be decreed. Accordingly, suit is disposed off in terms excluding clause 4(c) of consent terms, Exh.7.
Decree be drawn up accordingly.
Order below Notice of Motion No.920 of 2019.
Suit in which present motion is filed is already disposed off. Hence motion does not survive, therefore, notice of motion is dismissed for want of prosecution.
Order below Notice of Motion No.1008 of 2019.
Suit in which present motion is filed is already disposed off. Hence motion does not survive, therefore, notice of motion is dismissed for want of prosecution.
Order below Notice of Motion No.1009 of 2019.
Suit in which present motion is filed is already disposed off. Hence motion does not survive, therefore, notice of motion is dismissed for want of prosecution.
Nature Of Disposal: DECREED IN TERMS OF COMPROMISE
Disposal Date: 03-04-2019
