kbp 1 8368-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8368 OF 2009 Vishnu Chimaji Mahadik and another. ..Petitioners Vs. Prabhakar Rajaram Mahadik and others. ..Respondents ......... Mr.G.S.Godbole i/b.Mr.Nitin Mulye, for petitioners. Mr.M.S.Lagu, for respondent nos.1 to 3. Ms.Jai V.Kanade, for respondent nos.4(1) to 4(5), 5(2)(1), 5(2)(4). Mr.N.V.Walawalkar, Senior Advocate a/w.Mr.Jeetendra Sachdev, for respondent no.8. ......... CORAM : A.S.OKA, J.. DATE : 15 th OCTOBER, 2009. P.C. : 1] Heard learned counsel for the petitioners, learned Senior Counsel for respondent no.8, learned counsel for respondent nos.4(1) to 4(5), 5(2) (1), and 5(2)(4). I have also heard learned counsel for respondent nos.1 to 3. After arguing the petition for sometime, the learned counsel kbp 2 8368-09.sxw appearing for the contesting parties i.e. petitioners and 8 th respondents, agree that this petition can be disposed of by a consent order. Accordingly, the writ petition is disposed of by passing the following order:- (a) The impugned judgment and order dated 30 th July, 2009 passed by the trial Court is quashed and set aside. (b) Regular Civil Suit No.111 of 2008 is hereby transferred to the Court of Joint Civil Judge Senior Division, Panvel, District Raigad. (c) It is made clear that the issue raised by the contesting respondents as regards the alleged improper valuation of the suit for the purpose of court fees is expressly kept open. At appropriate stage, the trial Court will have to decide the said issue in accordance with law. All contentions of the parties in that behalf are kept open. (d) The learned Joint Civil Judge Senior Division, Panvel, District Raigad shall proceed to decide the application at exhibit 5 as expeditiously as possible and, in any event, on or before 10 th December, 2009. The parties are directed to co-operate with the learned trial Judge for expeditious disposal of the application at exhibit 5 within the time schedule fixed by this Court. All contentions of the parties on merits of the application exhibit 5 are kept open. (e) Ad-interim relief granted by this Court on 25 th kbp 3 8368-09.sxw September, 2009 shall continue to operate till the disposal of application exhibit 5. It is, however, clarified that the application exhibit 5 shall be decided by the trial Court on its own merits without being influenced by the grant of ad-interim relief by this Court. (f) Writ Petition is disposed of in the above terms. (g) The parties are directed to appear before the trial Court on 3 rd November, 2009. In the meanwhile, if the pleadings are not complete, the parties shall keep the pleadings ready. ( A.S.OKA, J. )