1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1978 OF 2010 Balasaheb Ramchandra Barale & Ors. .. Petitioners versus Vinayak Ramchandra Barale .. Respondent Mr.H.S.Venegaokar for the petitioners. Mr.Abhijit Adagule for the respondent. CORAM : A.S.OKA, J. DATE : 18th March 2010. P.C.: . Heard learned counsel appearing for the petitioners. The petitioners are the original defendants and the respondent is the original plaintiff. The suit filed by the respondent has been decreed by the trial Court and appeal preferred by the petitioners is pending before the District Court. One of the grounds in the memorandum of appeal is based on provisions of the Bombay Court Fees Act, 1959 (hereinafter referred to as the said Act of 1959). The contentions in substance raised in the said ground being ground No.VIII is that the suit has not been properly valued for the purposes of Court fees and jurisdiction. 2. Pending the appeal, an application was made by the petitioners under section 8 read with section 14 of the said Act of 1959. The said application has been rejected by the impugned order. 2 3. After having considered the submissions of the learned counsel appearing for the petitioners, I find that interference at this stage is not necessary. At the time of final hearing of the appeal, the petitioners can always argue that the suit was not properly valued and therefore, the trial Court ought to have held enquiry under section 8 of the said Act of 1959. The observations made in the impugned order regarding applicability of section 8 of the said Act of 1959 is obviously incorrect in view of sub-section 2 of section 107 of the Code of Civil Procedure, 1908. The issues raised by the petitioners have not been finally decided by the Appellate Court by the impugned order. Notwithstanding the impugned order, the petitioner can always agitate the said contention raised at the time of final hearing of the appeal. Subject to clarification made above, no case for interference is made out. Writ petition is rejected. (A.S.OKA,J)