1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO. 88 OF 2008 (Anju Pawankumar Jajodia & Anr. vs. Shri Tarachand Sukhdeoji Bhutada & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 18, 2008. Heard Shri Barsainya, Advocate for the appellant – original defendant Nos. 14 & 15 and Shri Sundaram, learned counsel for respondents No. 1 & 2. Shri Parihar, learned AGP, who is present in the Court appears, when directed and waives notice for respondent No. 16 – Sub-Registrar, Amravati, who is only a formal party. With the consent of parties, the matter is taken up for final hearing immediately. The grievance of Shri Barsainya, learned counsel appears to be justified that the Court below has disposed of Exh. 5 finally only because this Court has directed it to decide that Exhibit within one month from 09.06.2008. The said approach is not correct. However, it also needs to be kept in mind that defendants No. 14 & 15 who are the only contesting defendants before that Court, filed their reply on merits on 02.07.2008 itself. Thus, Court was given only five days time to decide Exh. 5 on 2 merits. It appears that said defendants also had filed an application raising objection under Section 80 of Civil Procedure Code and another application under Order 7, Rule 11 of Civil Procedure Code pointing out that suit has not been valued in accordance with law. After noticing the fact that the case was before the Civil Judge, Senior Division, the appellants were asked whether they would like to have first adjudication on Exh. 5 or to have adjudication on application under Order 7, Rule 11 of Civil Procedure Code. However, it appears that the appellants want adjudication on the point of valuation first and they want consideration of Exh. 5 after suit is appropriately valued and deficit Court fees, if any, is paid. In the circumstances, it is made clear that the order dated 08.07.2008 passed by the Civil Judge, Senior Division, Amravati on Exh. 5 shall be treated again as an interim order and not final order on Exh. 5. Exhibit 5 is restored back to the file of said Court for its hearing on merits and for appropriate orders. The appropriate orders be passed on said application at Exhibit 5 by 15.12.2008. In the meanwhile, the said Court to 3 decide applications filed by defendants No. 14 & 15 raising objection under Section 80 of Civil Procedure Code and also raising objections to valuation of Court fees under Order 7, Rule 11 of Civil Procedure Code. In the circumstances, in view of this arrangement, I find that nothing survives in the present Appeal against Order and same is accordingly disposed of. It is made clear that as order dated 08.07.2008 has been treated as interim order, it will continue to operate till disposal of applications in accordance with law. Hamdast allowed. JUDGE *GS.