1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5685 of 2008 Shri Sreenivas M. More .. Petitioner versus Shri Gulabchand M. Malu .. Respondent ... Mr.Surel S. Shah for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 4th August 2008 P.C.: 1. Heard counsel for the petitioner. 2. Even though the trial court in its order dated 2nd September 2006 has observed that the valuation of the suit property is a law point, the fact remains that the question as to whether the value of the property is Rs.Six lakhs as asserted by the petitioner is a question of fact to be first established and only thereafter the court can address 2 the issue on valuation of the suit. In other words the issue regarding the valuation of the suit in the fact situation of the present suit is a mixed question of fact and law which cannot be decided as preliminary issue in the first instance in view of Order 14 of the Code of Civil Procedure. 3. In the circumstances, no fault can be found with the view taken by the trial court that the issue of valuation of the suit will be decided after the evidence of both the parties at the time of hearing. No interference in exercise of writ jurisdiction is warranted. Hence, petition is dismissed. (A.M.KHANWILKAR, J)