Shashikant Tukaram Salvi And ORS v. Mohammadali Yusuf Bagdadi And ORS

(10) wp-772-2021.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2021.03.06 13:56:51 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.772 OF 2021 Shashikant Tukaram Salvi & Ors.

...Petitioner(s)

V/s Mohammadali Yusuf Bagdadi & Ors ....Respondent(s) Mr. Vaibhav Sukdhare a/w Mr. Nadeem Shama i/b Thakordas & Madgavkar and Indu Prakash Tripathi for the Petitioners. Mr. Madhur Surana a/w Parag Shah for Respondent No.7. Mr. Yogesh Patil i/b Vijay Patil for Respondent Nos. 22 to 24/SRA. CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 5, 2021 P.C.:- 1] It is a settled legal position that in view of 2018 amendment to Section 9A of the CPC, the new issue as is framed in the impugned order dated 24/4/2021 viz "Whether this court has pecuniary jurisdiction to entertain and try the present suit?" can be dealt with along with other issues and not as preliminary issue. 2] As such, order impugned dated 24/2/2021 to that extent is set aside. The said issue need not to be tried as preliminary issue but as regular issue with other issues as are framed. 3] Petition is partly allowed in the aforesaid terms. ( NITIN W. SAMBRE, J. ) 1/1