1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 4751 OF 2009 Nazeer Ahmed S/o Shaha Mohamad Zargar, Age 63 years, Occupation Retired R/o Mominpura, Udgir, Taluka Udgir, Dist. Latur. ....Petitioner. Versus Abdul Hafiz S/o Shaha Mohamad Zargar, Age 75 years, Occu. Business, R/o Paigambarpura, Udgir, Dist. Latur. ...Respondents. Shri. P.V. Barde, Advocate for the Petitioner Shri. R.B. Deshmukh, Advocate for the respondent CORAM : R.K. DESHPANDE, J. DATE : 04th August, 2010. ORAL JUDGMENT : 1. This petition challenges order dated 23th February, 2009 passed by the learned Civil Judge Senior Division, Udgir, Dist. Latur below Exh. 25. The application Exh. 25 filed by the defendant for dismissal of the suit on the ground that the suit is under value in the alternative for making an inquiry in the market price of the suit property. 2 It has been rejected on the ground that the issue No. 4 has already been framed as to whether the suit filed by the plaintiff is under value and the shall be decided. 2. After hearing learned counsel for the parties, I do not find any reason to interfere in the order passed by the Trial Court impugned in this petition. Learned counsel appearing for the petitioner however, submits that he may be granted liberty to file an application under order 7 Rule 10 of Civil Produced Code for return of plaint or rejection of plaint. It is always open for the petitioner to file such application before the Trial Court which shall be decided in accordance with rule. The petition is therefore dismissed. There shall be no order as to cost. [ R.K. DESHPANDE, J. ] SDM*4751.09WP