Arun Mishra, J.

1. In the instant writ petition order dated 10-7-07 has been assailed which has been passed by Addl. District Judge, Burhanpur in C.S. No. 23-A/07. Application under Order 7 Rule 11, CPC has been considered by the Trial Court. Trial Court has ordered as possession has been sought from the licensee after termination of the licence, it would be necessary to make the valuation of the property on the market rate and make the payment of Court fees accordingly. Final order under Order 7 Rule 11(b), CPC has not been passed. Plaintiff has assailed the aforesaid interlocutory order in the instant writ petition.

2. Facts in short giving rise to the instant writ petition are that plaintiff has filed the suit for mandatory injunction valuing it at Rs. 52,000/-. It has been averred that the defendants were not having any right, title or interest in the house with effect from 31-1-1917. There is pleading with respect to C.S. No. 6-A/49 in which a compromise decree was passed on 17-4-1961. The defendants were in occupation as licensee. They were asked to handover the vacant possession, but it was not handed over, ultimately the licence was terminated on 31-8-05 and defendants w