1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6285 OF 2009 Smt.Meenabai B. Patil & Ors. ....Petitioners V/s. M/s.Roma Builders & Developers Pvt.Ltd. ....Respondents Mr.R.S. Apte, Senior Counsel with Mr.Shivraj Patil for the Petitioners. Ms.Gauri Godse for Respondent No.1. Mr.Siddharth Karpe i/b M/s.Y.K.S. Legal for Respondent Nos.2 to 17. CORAM : S.J. VAZIFDAR, J. DATE : 29TH JANUARY, 2010. P.C. :- 1. Rule. By consent the Rule is made returnable and heard forthwith. 2. It is agreed between the parties that the following issue shall be determined as a preliminary issue by the trial Court :- “Whether the suit has been properly valued by the Plaintiff ?” 3. Depending upon the finding, the trial Court will also pass necessary consequential orders. The order of injunction passed by the trial Court on Exhibit-5 application shall continue to operate till the decision on the preliminary issue and for a period of eight weeks thereafter, if it is decided against the Petitioner. In the event of the issue being decided against the Petitioner, liberty to the Petitioner to make an application for 2 interim relief before the appropriate Court. The Petitioner undertakes not to make any application for adjournment before the trial Court. 4. In the event of the trial Court coming to the conclusion that the suit is properly valued, it will be open to the Respondent to challenge the same as well as to challenge the order of the trial Court granting an injunction. Mr.Apte fairly agrees that in that event it will not be contended that the appeal on merits is not filed within time. 5. Needless to add that in the event of the order on preliminary issue being in favour of the Petitioner, the Respondent would be entitled to challenge the same in accordance with law. 6. The impugned order is therefore set-aside and substituted by the above order. 7. The parties shall appear before the trial Court in the first instance on 8.2.2010 at 11.00 a.m. and thereafter as directed by the trial Court for the purpose of deciding the preliminary issue. All parties to act on an ordinary copy of this order duly authenticated by the Private Secretary/Sheristedar of this Court.