1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.4161 OF 2009 Pratap Vithoba More ...Petitioner vs. Ramachandra Bapu More & Ors. ...Respondents Mr.A.R.Gole for the petitioner Mr.U.R.Mankapure for respondent no.1 CORAM :A.S.OKA,J. DATE : AUGUST 11, 2009 P.C. 1 This Writ Petition under Article 227 of the Constitution of India has been filed by the petitioner defendant for challenging the order dated 28th March 2009 passed by the trial court. After recording of evidence and after final arguments on suit were partly heard, the petitioner made an application for framing an issue as regards the valuation of the suit for pecuniary jurisdiction and the court fees. The said application has been rejected by the learned trial Judge by the impugned order. Considering the stage at which the said application was made, at this stage, no interference is called for in this petition under Article 227 of the Constitution of India. The order is capable of being challenged in an appeal which may be preferred by the petitioner against the decree if it be adverse to the petitioner. Apart from this, if the trial court deems it necessary, there can always be an enquiry held under section 8 of the Bombay Court Fees Act. JUDGE