Bombay High CourtWP/2637/2015disposed offdismissed for default

Syed Ayub Syed Habib And Another v. Fateh Mohd Jaan Mohd Raj And Another

2018-12-04Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 902wp2636a2637o15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2636 OF 2015 WITH WRIT PETITION NO.2637 OF 2015 SYED SADEK SYED HABIB

VERSUS

FATEH MOHD JAAN MOHD RAJ AND ANOTHER ...

Advocate for the Petitioner : Shri Deshpande Ajay S. Advocate for Respondent 1 : Shri L.V.Sangeet. Advocate for Respondent 2 : Shri Paithankar Prakash B.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 04th December, 2018 Per Court:

I have heard the learned Advocates for the respective sides. In both these matters, the issue raised is as regards the maintainability of the suit under Section 9-A, which is the Maharashtra Amendment to the Code of Civil Procedure. The Trial Court has rejected the application by the impugned order.

Notwithstanding the submissions of the learned Advocates, the change in law would have a direct impact on this case in view of the specific clauses introduced by the Maharashtra Ordinance No.XVIII of 2018 by way of amendment to the Code of Civil Procedure restricted to the State of Maharashtra. By the said ordinance, Section 9-A of the Code,

*2* 902wp2636a2637o15 which was introduced as the Maharashtra Amendment, has now been deleted. All objections raised by the litigant under Section 9-A are now to be entertained as objections under Order 14 Rule 2 of the Code of Civil Procedure. It is also provided in the ordinance that such objections would be tried along with all the issues in the suit. In view of the above, both these Writ Petitions are disposed of with the observation that the objection raised in the pending suit insofar as the jurisdiction of the Court is concerned, would now be entertained by the Trial Court under Order 14 Rule 2 and the said aspect would be dealt with along with all the issues while deciding the suit, save and except, if the said issue has not been earlier decided between the parties. The learned Advocates request for expediting the suit as the same is pending from 2008. In view of the said request, the Trial Court shall decide the pending suit expeditiously and in any case, on or before 31.08.2019.

kps (RAVINDRA V. GHUGE, J.)