: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1124 OF 2008 WITH CIVIL APPLICATION NO.1379 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Sunil Dubey for the Appellants. Mr.S.P. Nalavade for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATED : 10TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. The suit is filed for specific performance. The impugned order has granted interim reliefs in the Respondents’ Notice of Motion. 3. I do not for a moment suggest that on merits there is no case. : 2 : 4. However, the Bombay City Civil Court ex-facie does not have jurisdiction to entertain the suit. The suit is filed for specific performance of a flat. The valuation thereof is admittedly in excess of the pecuniary jurisdiction of the Bombay City Civil Court. However, the Respondents/Plaintiffs have sought an injunction directing the Defendants to accept the balance consideration of Rs.9,20,616/- and for a permanent injunction directing the Appellants/Defendants to put them in possession of the suit property. 5. In the circumstances, the plaint must be returned to the Respondents/Plaintiffs for presenting it to the proper Court. At the cost of repetition, it is clarified that this order does not reflect upon the merit of the matter at all. 6. The plaint shall therefore be returned by the Bombay City Civil Court to the Respondents/Plaintiffs for presenting the same before the proper Court. : 3 : 7. The impugned order shall however continue to remain in operation for a period of eight weeks from today with the modification that the Court Receiver shall only take formal possession of the suit property at this stage. 8. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.