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Bombay High CourtCRA/587/2016disposed off

Sanjay Ganesh Puranik v. Smt Kailashidevi B Mehta And ANR

2018-08-10Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

1.CRA585_2016.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No. 585 OF 2016 Sanjay Ganesh Puranik ... Applicant Vs.

Mohan Govind Bhagwat & Anr.

... Respondents WITH CIVIL REVISION APPLICATION No. 586 OF 2016 Sanjay Ganesh Puranik ... Applicant Vs.

Deepak Dagadusha Kshatriya & Anr.

... Respondents WITH CIVIL REVISION APPLICATION No. 587 OF 2016 Sanjay Ganesh Puranik ... Applicant Vs.

Smt. Kailashidevi B. Mehta & Anr.

... Respondents Mr. S.S. Patwardhan, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 10th August, 2018.

P.C.:

In these Civil Revision Applications, the order dated 1st July, 2016 passed by the learned 7th Joint Civil Judge, Senior Division, Thane in respective Regular Civil Suits are challenged. 2.

The learned counsel for the applicant submitted that the issue was decided under section 9A of the Code of Civil Procedure. The 1 / 2

1.CRA585_2016.doc learned counsel submitted that as this is the preliminary issue, the provisions of Section 9A is deleted, thus, Civil Revision Applications abate. He prays that the challenge to the jurisdiction is to be kept open.

3.

In view of the Maharashtra Ordinance No. XVIII of 2018 dated 27th June, 2018, saving clause 3(2) and proviso thereto, these Civil Revision Applications abate and are disposed of as abated. 4.

As per the Saving Clauses 1 and 2 and as per the proviso mentioned therein, if evidence is recorded, that is saved and the issue of jurisdiction can be taken up at the time of Appeal. Further pursuant to the Ordinance, if there is no enactment, then liberty granted to recall this order.

5.

Civil Revision Applications are disposed of as such. (MRIDULA BHATKAR, J.) Digitally signed by Vidya Suresh Amin Date:

2018.08.14 12:04:05 +0530 Vidya Suresh Amin 2 / 2