ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6469 OF 2008 PETITION NO. 6469 OF 2008 PETITION NO. 6469 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Sandesh D.Patil for the Petitioners. Mr.P.D.Dani for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 17th October, 2008. : 17th October, 2008. : 17th October, 2008. P.C. P.C. P.C. . The Petitioners, who are original Defendants have filed the present Writ Petition against the dismissal of their Application under Section 9-A of the Code of Civil Procedure. The basic objection was to the valuation of the property as well as the limitation and, therefore, prayed that preliminary issue be framed. 2. So far as the limitation is concerned in a suit for partition and declaration that can be a question of ( 2 ) law as well as of the fact. The Valuation of the suit just cannot be the reason to frame the preliminary issue as claimed in the suit of this nature. There is nothing in the Petition. The Petition is, accordingly dismissed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]