Baburao Annaji Sable And Anor. v. Pramila Bhanudas Lonkar And Anor.

0902mca720.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Misc. Civil Application No.720 of 2014 (for Review) In Writ Petition No.5236 of 2006 (D) (Shri Baburao s/o Annaji Sable and another v. Sou. Pramila w/o Bhanudas Lonkar and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Anand Parchure, Advocate for Applicants. Smt. R.D. Raskar, Advocate for Non-Applicants. Coram : R.K. Deshpande, J.

Dated : 9 th February, 2015 Reliance is placed by Shri Parchure, the learned counsel for the applicants, on the provision of sub-rule (2) of Rule 2 of Order XIV of the Civil Procedure Code to urge that the Court is obliged to decide the issue of jurisdiction first before deciding all other issues. Perusal of the said provision shows that it is a discretion conferred upon the Court. The discretion is in respect of the issues of law only and not in respect of the mixed questions of law and fact. In view of this, the contention cannot be accepted.

Thus, no case is made out for review. The Misc. Civil Application is dismissed.

The Trial Court is directed to decide the suit within a period of three months from the date of appearance of the parties before it.

Judge.

0902mca720.14.odt Lanjewar