Manilal Rupashi Shah And ANR v. Prakash Jagannath Patil And ORS

Sherla V.

cra.221.2017_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No.221 OF 2017 Manilal Rupashi Shah & anr.

... Applicants .

Prakash Jagannath Patil & Ors.

... Respondents Mr.M.G. Bagkar i/b Chetan Patil for the Petitioners Mr.Krupanshu Nandu i/b Tejesh Dande & Asso. for the Respondents CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JULY 30, 2018 P.C. :

1.

This Civil Revision Application is directed against the order dated 7.12.2016 passed by the learned 14th Joint Civil Judge Junior Division, Kolhapur, thereby holding that the Court has jurisdiction to try and entertain the suit. The trial Court has passed this order after framing preliminary issue under Section 9A of the Code of Civil Procedure, 1908.

2.

In view of the Maharashtra Ordinance No. XVIII of 2018 dated 27th June, 2018, saving clause 3(2) and the proviso thereto, this Civil Revision Application abates.

cra.221.2017_24.doc 3.

The application is accordingly disposed of as abated. The trial Court to proceed. Pursuant to the Ordinance, if there is no enactment, then the learned Counsel for the applicants is given liberty to recall this order.

(MRIDULA BHATKAR, J.)