- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5297 OF 2005 Shri.Bapu Balwant Karanjkar deceased through his legal representatives:- 1A.Sau.Nalini Vasantrao Pise & anr. ...Petitioners VS. 1.The Commissioner, Kolhapur Municipal Corporation & others. ...Respondents --- Mr.V.B.Rajure, for Petitioners. Mr.S.S.Patwardhan, for Respondent nos.1 & 2. Mr.Amit Borkar, for Respondent no.4. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. DATED: DATED: DATED: 25th January,2008. P.C. P.C. P.C.: 1. By the order impugned in the petition, the Court has decided preliminary issue as to the valuation of the counterclaim and further question whether the counterclaim is within the jurisdiction of the Court. Both the issues are answered in the affirmative. The Court has held that the counterclaim is properly valued and the Court has pecuniary jurisdiction to try the counterclaim. The order impugned in the petition is capable of being - 2 - challenged with the final order that may be passed in the suit, if ultimately the order on the counterclaim goes against the petitioners-plaintiffs. In my opinion, therefore, the petition cannot be entertained, the petition is disposed of. However, it is clarified that the order impugned in the petition can be challenged by the petitioners alongwith the final order that may be passed in the counterclaim if such an occasion arises. ---