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Bombay High CourtCRA/655/2015disposed off

Smt. Alka Chandewar v. Mr. Jagdish Narayan Shetty

2015-10-29Hon'Ble Shri Justice M.S. Sonak2 pages

DSS p-4-cra-655-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 655 OF 2015 Smt. Alka Chandewar .. Applicant vs.

Jagdish N. Shetty .. Respondent Mr. V.R. Walavalkar i/b Mr. S.R. Bhalekar for the Applicant. Mr. Kunal Bhanage for the Respondent.

CORAM :

M. S. SONAK, J.

DATE : 29 OCTOBER 2015.

P.C. :- 1] Not on board. Upon production, taken on board. 2] The challenge in this Civil Revision Application is to the order dated 11 August 2015, by which the Trial Court has answered the preliminary issue against the Defendant and held that it has jurisdiction to entertain the suit.

3] At this stage, it is not necessary to interfere with the impugned order. If ultimately, the suit is decided against the Defendant and the Defendant chooses to institute a substantive appeal, it is always open to the Defendant to raise the issue of jurisdiction once again and challenge the order made on jurisdiction. For the said reason, this Revision Application is not entertained and same is disposed of accordingly. However, liberty is reserved as aforesaid. 1/2

DSS p-4-cra-655-15 4] This Court has not decided the matter on merits and therefore, all contentions of all parties are kept open. 5] All concerned to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) dinesh 2/2