:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 890 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.S.A.Sawant for the petitioners. CORAM: S.C.DHARMADHIKARI, J. DATED: 11TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The impugned order is inter-locutory. I have no doubt in my mind that while trying the suit, the learned Judge will, without being influenced by the observations in the impugned order, decide the Issue of maintainability of the suit, so also, whether the suit claim is properly valued or not, if the said Issues clearly arise in the light of the pleadings before it. If the said Issues are not already framed, then, nothing prevents the petitioner :2: :2: :2: from applying that they be framed as Issues in the suit and tried alongwith other Issues. That request can still be made even if the earlier application is rejected. 2. In the light of the clarification and the liberty granted as above, Mr.Sawant appearing for the petitioner prays for leave to withdraw this petition. Writ Petition is dismissed as withdrawn. No order as to costs. (JUDGE)