44-WP-2428-2026 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2428 OF 2026 Chandrashekhar Vishnu Walkar ...Petitioner Versus Vilas Dinakar Padhye And Ors. ...Respondents ….. Adv. Ashish A. Loke, Advocate for Petitioner. Adv. Kaustubh Marathe a/w Adv. Mihir Mondkar, Advocate for Respondent Nos.1 and 2. ….. CORAM : SHAILESH P. BRAHME, J. DATE : 22nd JUNE, 2026. P.C. : Heard Mr. Loke, learned counsel appearing for petitioner and Mr. Kaustubh Marathe, learned counsel appearing for respondent Nos.1 and 2, who are the original plaintiffs and contesting parties. 2. Being aggrieved by the order dated 04.05.2026 passed below Exhibit-1 in RCS No.51 of 2026, the defendant has knocked the door of this Court. The grievance of the petitioner is that learned Civil Judge, Junior Division, Devgad, Dist. Sindhudurg, does not have jurisdiction to entertain summary suit preferred under Section 6 of Specific Relief Act due to the improper valuation of the subject matter. Accordingly, the petitioner has already filed the application Exhibit-16 for determining ZIP 1 of 2 44-WP-2428-2026 (C).doc the valuation to decide the pecuniary jurisdiction of the Court, which is pending. The learned counsel for the petitioner submits that unless the issue of pecuniary jurisdiction is determined, no application for interim injunction or otherwise should be entertained. The impugned order postpones the decision on the issue of pecuniary jurisdiction. 3. Per contra, the learned counsel for the respondent Nos.1 and 2 submits that the application Exhibit-5 for temporary injunction is awaiting decision and the petitioner has not even preferred a reply to contest the application. 4. The defendant has undertaken the procedure contemplated by the Order VII Rule 10 of CPC by preferring application Exhibit 16. The application Exhibit-5 is awaiting judicial order. The ends of the justice would be met by directing the Trial Court to decide both the application, preemptorily. Trial Court shall decide the applications Exhibit 5 as well as Exhibit 16 by hearing the parties. 5. Parties would be at liberty to file their reply and make submissions. 6. This exercise shall be completed within a period of two months from today. 7. The writ petition is disposed of in the above terms without upsetting the impugned order. [ SHAILESH P. BRAHME] ZIP 2 of 2