Bombay High Court
Shashikant Tukaram Salvi And Ors vs Mohammadali Yusuf Bagdadi And Ors on 5 March, 2021
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
(10) wp-772-2021.doc
BDP-SPS
Bharat
D.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Pandit
Digitally signed
by Bharat D.
Pandit
Date:
CIVIL APPELLATE JURISDICTION
2021.03.06
13:56:51 +0530
WRIT PETITION NO.772 OF 2021
Shashikant Tukaram Salvi & Ors. ...Petitioner(s)
V/s
Mohammadali Yusuf Bagdadi & Ors ....Respondent(s)
Mr. Vaibhav Sukdhare a/w Mr. Nadeem Shama i/b Thakordas &
Madgavkar and Indu Prakash Tripathi for the Petitioners.
Mr. Madhur Surana a/w Parag Shah for Respondent No.7.
Mr. Yogesh Patil i/b Vijay Patil for Respondent Nos. 22 to 24/SRA.
CORAM: NITIN W. SAMBRE, J.
DATE: MARCH 5, 2021
P.C.:-
1] It is a settled legal position that in view of 2018 amendment to
Section 9A of the CPC, the new issue as is framed in the impugned order dated 24/4/2021 viz "Whether this court has pecuniary jurisdiction to entertain and try the present suit?" can be dealt with along with other issues and not as preliminary issue.
2] As such, order impugned dated 24/2/2021 to that extent is set aside. The said issue need not to be tried as preliminary issue but as regular issue with other issues as are framed.
3] Petition is partly allowed in the aforesaid terms.
( NITIN W. SAMBRE, J. ) 1/1