Ramnath Narayandas Kalra And ORS v. Podar Education Society Thr. Dipak Didwaniya

64-wp8972-2024.doc Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8972 OF 2024 Ramnath Narayandas Kalra & Ors.

... Petitioners V/s.

Podar Education Society, through Dipak Didwaniya ... Respondent SAYALI DEEPAK UPASANI Mr. A. K. Udpadyay with Mr. Rohan Kharat with Mr. Ajay Dwivedi, Advocate for Petitioner.

SAYALI DEEPAK UPASANI Date: 2025.01.17 17:02:02 +0530 Mr. Shezaad A. Shaikh h/f Mr. M. A. Khan, through VC, Advocate for Respondent.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 17, 2025 P.C.:

1.

Petitioners are the Original Defendants filed an application under Clause-D of Order 7 Rule 11 of Code of Civil Procedure, 1908, contending that the Civil Court has no territorial jurisdiction to entertain the Suit.

2.

However, the Trial Court based on MOU entered into between the parties referred to in the plaint as also considering the averments in the plaint recorded to finding that part of cause of action as accrued in the territorial jurisdiction of the Trial Court. Hence, the Trial Court was justified in dismissing the application. 3.

The Petition stands dismissed.

(AMIT BORKAR, J.)