1 wp1265-11(2) jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1265 OF 2011 Prakash Bapu Junnerkar .. Petitioner Versus Arun Bapu Junnerkar ... Respondent Mr. J. G. Damani for the petitioner Mr. Milan Desai for the respondents CORAM : R. Y. GANOO, J. DATED : 10rd October, 2011 P.C. 1. Heard learned advocates on both the sides. 2. The respondent herein filed Short Cause Suit No. 694 of 2010 against the petitioner seeking an order of injunction restraining the petitioner from dispossessing the respondents from the suit premises, save and except by due due process of law. Issues came to be framed on 8th November, 2010. Out of the issues which came to be framed, two issues were treated as preliminary issues. One issue of was concerning pecuniary jurisdiction of the Court and other issue was concerning valuation of the suit. The learned judge of the City Civil Court has, by order dated 23rd December, 2010 decided those two preliminary issues holding that the City Civil Court has jurisdiction to try and entertain the suit 2 wp1265-11(2) and that the suit is rightly valued as per section 640 of the Bombay Court Fess Act. 3. I have perused the petition. 4. The respondent claims that he is in possession of the suit premises and his possession should not be disturbed save and except by due process of law. In my view, the learned Judge of the city Civil Court has rightly answered the issues as referred above, in favour of the respondent, as in my view, for the purposes of entertaining the suit of the nature of one filed by the respondent, value of the property is immaterial. The findings given by the learned Judge as regards jurisdiction is also proper. No interference is required in the impugned order. Hence the petition is required to be dismissed at the stage of admission. 5. Hence, the following order is passed. i. Writ Petition is dismissed at the stage of admission. ii. Petitioner to pay cost of Rs.2000/- to the respondent for this petition. Cost condition precedent for future proceedings in the trial court. (R. Y. GANOO, J.)