1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8813 OF 2009 M/s.Sudama Associates Pvt.Ltd. through its Director Petitioner versus Ramu Krishna Manerkar and others Respondents Mr.Girish Godbole i/by Sidharth Range for petitioner. Mr.G.K.Gole for respondents 1 to 12. Mrs.Prabha Badadare for respondents 22 to 27. CORAM : A.S.OKA, J. DATE : 22nd February 2010 PC : 1. Heard learned counsel for the petitioner. The petitioner is the original plaintiff. The challenge in this writ petition under Article 227 of the Constitution of India is to an order dated 17th August 2009 passed by the Trial Court by which following issues have been framed as preliminary issues :- "1) Whether this Court has jurisdiction to entertain this suit? 2) Whether suit is properly valued?" 2. The learned counsel for the petitioners submitted that objection to the jurisdiction was on the ground that the suit is not properly valued and the Trial Court had no pecuniary jurisdiction to entertain and try the suit. 2 He submitted that unless there was an inquiry made under section 8 of the Bombay Court Fees Act, 1959, the valuation made by the petitioner stands and, therefore, there was no occasion for framing a preliminary issue of jurisdiction. 3. I have carefully considered the submissions. An objection to the jurisdiction of the Court was raised in accordance with section 9A of the Code of Civil Procedure, 1908. The objection was on the ground that if the suit is properly valued, the Court of Civil Judge, Junior Division will not have pecuniary jurisdiction to entertain and try the suit. The second issue framed by the Trial Court is as regards proper valuation of the suit. It is obvious that while deciding the said issue, the Court will have to hold an inquiry under section 8 of the said Act of 1959 and will have to thereafter come to a conclusion whether the suit is properly valued. Subject to the clarification made above, no interference at this stage is called for and the petition is accordingly disposed of by keeping all contentions of the parties open. (A.S.OKA, J.)