1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4920/2009 Galicha Prakialp Kamgar Audhyogik Sahakari Sanstha Maryadit VERSUS Development Corporation of Vidarbha Ltd. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B.P.DHARMADHIKARI, J. DATE : NOVEMBER 30 , 2009 . Heard Advocate Shri Gulhane, for the petitioner/appellant in RCA No. 283/2009. Advocate Deopujari for Respondent states that he will file Vakalatnama during the Course of the day. Considering the situation, it is apparent that the suit was valued at more than Rs. 2 lacs i.e. at Rs.28 lacs and therefore, the appeal under Section 96 C.P.C. should have been filed before this Court. Advocate Shri Gulhane, contends that the Court below has found that the appeal was not maintainable before it, but then simultaneously has rejected the prayer for stay and this has caused serious prejudice to the case of the petitioner. Advocate Shri Deopujari argues that as the application was pressed before that court, the court was 2 required to pass the order. I find that the petitioner can be permitted to seek return of their appeal from the lower appellate Court and present it before this Court in accordance with law. In that event the petitioners are free to file appropriate application under Order 41(5) for grant of stay. If such application is filed, it is apparent that the order dated 10th September, 2009, passed by District Judge-7, Nagpur, cannot come in the way of petitioner in getting it decided on its own merits. With this liberty, the present petition is disposed of with no order as to costs. JUDGE Rvjalit