1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. L.P.A. No. 84 of 2009 in Writ Petition No. 1115 of 2008 (Jaiguru Shikshan Prasarak Mandal and another .vs. Swami Vivekanand Sahakari Gruh Nirman Co-op. Society and another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : MARCH 16, 2009 Heard Mr. S.T. Harkare, Advocate for the appellants. By this LPA, the appellants seek to challenge the judgment and order dated 17.02.2009 passed by the learned Single Judge dismissing writ petition filed against the order passed by the trial Court in Regular Civil Suit No. 99 of 2004 filed by the respondents against the appellants. By this order, the learned Single Judge dismissed the writ petition preferred by the appellants challenging the order passed by the trial Court refusing to decide issue No. (5) regarding the jurisdiction of the Court to entertain the suit as preliminary issue. According to the appellants, the suit was under valued and the actual value of the suit was Rs. 5 lacs and as such Civil Judge, Junior Division had no 2 jurisdiction to entertain the suit. Having heard the learned counsel for the appellants and having perused the record, we are of the considered opinion that no interference is called for with the impugned order. The learned Single Judge is right in holding that the issue raised is a mixed question of law and fact and as such could not be decided as a preliminary issue in view of clear language in Order XIV Rule 2 of C.P.C. In view of above, we find no merit in the present appeal. Hence the appeal is rejected. However, the time to deposit the costs of Rs.2000/- in terms of the impugned order is extended by four weeks at the request of the learned counsel for the appellants. JUDGE JUDGE halwai