1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 170 OF 2010 ALONG WITH CIVIL APPLICATION NO. 238 OF 2010 Haresh Thakkar ... Appellant v/s Rajendra Pratap Gawde & ors. ... Respondents Smt. S.M.Poddar for the appellant. Mr.V.Dhond i/by Mr.S.J.Khera for respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 9TH MARCH, 2010 P.C.: 1. The appeal has been preferred against the order dated 5.12.2009. By this order the Trial Court has directed that the plaint be returned to the plaintiff under Order 7 Rule 10 of the Code of Civil Procedure, for presenting it before the proper forum. 2. The main grievance of the appellant appears to be the observations of the Trial Court in para 8 that, “the plaintiff has not disputed the market value”. 2 3. The learned advocate for the appellant submits that the plaintiff has never accepted the market value and this observation would, therefore, be a hurdle for the plaintiff. 4. In my view, there is no need to interfere with the order passed by the Trial Court, returning the plaint. However, the observation that the plaintiff has not disputed the market value, will not bind the plaintiff. 5. Appeal from order stands dismissed along with the civil application. ..... 3