Wp2373.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 2373 OF 2010 M/s. Castel Enterprises & Ors. ....Petitioners. Vs. Arjun Mangal Wayle & Ors. ....Respondents. Mr. Rajesh J. Datar for the Petitioners. Mr. P.R. Arjunwadkar for Respondent No.1. CORAM : ANOOP V. MOHTA, J. DATE : 31st March, 2010 P.C.: 1 The Petitioner has challenged the interlocutory order dated 25th February, 2010 passed below Exhibit 154 and Exhibit 155, Order dated 5th March, 2010 passed below Exhibit 1, Order dated 6th March, 2010 passed below Exhibit 166 and Exhibit 167 and order dated 15th March, 2010 passed below Exhibit 176A and 176B by the Joint Civil Judge, Senior Division, Kalyan in the Suit between the parties. 2 It is necessary to observe that this Court in Civil Revision Application No. 168 of 2009, by order dated 14th January, 2010 between the parties have already directed the trial court to decide the issue including any application for interim relief, within four weeks. 3 Subsequently all these applications have been filed after January, 2010. Admittedly, Exhibit- 5 injunction application is still pending. The issue with regard to the correcting the valuation of the suit can be agitated Wp2373.10 2 and decided at any stage of the proceeding. In the present case, the Court has granted time to correct the valuation of the suit. The Plaintiffs need to comply with all those orders passed by the Court. The issue with regard to the valuation and jurisdiction, it goes to the root of the matter. The Court need to pass appropriate order but still, if the case is made out, the Court may pass order of injunction/ interim relief or the Court may consider, even the conduct of the Plaintiff, who has not complied with the orders which have been passed from time to time. 4 Having once fixed the matter for hearing of Exhibit 5, such application, even if any, filed and dealt with, in my view, that itself cannot be the reason not to proceed with the hearing of the injunction application Exhibit 5, as filed and as directed by the Court to proceed. Therefore, at this stage, the Trial Judge to consider the contents of these applications filed by the Defendants in all aspect while considering the interim reliefs so prayed by the Plaintiffs. 5 Resultantly by keeping all points open, as I see there is no case made out by the Petitioner to interfere, at this stage, the Petition is accordingly disposed of with liberty, No order as to costs. (ANOOP V. MOHTA, J.)