1 wp875.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 875 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.D. Salunke, Advocate for the petitioners. 1. Heard Advocate Mr. Salunke for petitioners-original defendants. 2. The contention is that without recording any express findings on application at Exhibits-61 and 62, the trial Court has disposed of both the applications. Learned Counsel states that dispute in civil suit did not form matrimonial dispute and hence, normal Court fee is payable. 3. With the assistance of the learned Counsel for the petitioners, I have perused the impugned order. The trial Court has not resolved the controversy whether it is matrimonial dispute or not. It has found that the issue regarding the valuation of property is to be framed before giving directions under Order 7 Rule 11 of the Civil 2 wp875.11 Procedure Code. It has therefore framed that issue and there is no direction as it has not issued only orders under Order 7 Rule 11 of the Civil Procedure Code. It is therefore apparent that the trial Court is going to consider the said question as raised by filing application at Exhibit-62 in future. 4. Trial Court has observed that both the applications are disposed of only because it is found that the enquiry in valuation of the property could not have resolved controversy. I therefore find that no prejudice is caused to the petitioners as the contentions of the petitioners are still open. 5. With liberty to petitioners to approach again if found necessary after appropriate order under Order 7 Rule 11 of Civil Procedure Code is passed, the present Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE. 15.02.2011 gas/wp875.11