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Bombay High CourtCRA/955/2014dismissed

Sou. Anuja Arun Pandhari v. Shri Rahul Ramchandra Ghumre

2015-08-25Hon'Ble Shri Justice M.S. Sonak1 pages

DSS 931-cra-955-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 955 OF 2014 Sou. Anuja A. Pandhari .. Petitioner vs.

Rahul R. Ghumre .. Respondent Mr. Vaibhav Sugdare a/w. Mr. P. B. Gujar for the Petitioner. CORAM :

M. S. SONAK, J.

DATE : 25 AUGUST 2015.

P.C. :- 1] This Civil Revision Application challenges the order dated 26 June 2014, by which the Trial Court has held that it has jurisdiction to entertain the suit and has directed the trial to proceed. 2] At this stage, it is not necessary to entertain this Civil Revision Application. If the Trial Court, indeed makes a decree against the petitioner and if the petitioner chooses to institute a substantive appeal against such decree, then it is always open to the petitioner to impugn the order dated 26 June 2014 and contend before the Appeal Court that the Trial Court lacked jurisdiction to entertain the suit.

3] Learned counsel for the petitioner attempted to cite certain decisions, on basis of which, according to him, the Civil Court would have no jurisdiction to entertain a suit of the present nature. As noted earlier, it is not necessary, at this stage, to decide such issue. 4] Accordingly, Civil Revision Application is dismissed, with liberty as aforesaid.

5] There shall however, be no order as to costs. (M. S. SONAK, J.) 1/1