1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1823 OF 2009 Smt.Pushpa Arun Tanpure & Ors. ..Petitioners. V/s. Sou.Kalyani Kailas Shirole & Ors. ..Respondents. Mr.S.D.Paigude for petitioners. Mr.V.A.Shastry for Respondent Nos. 1 and 2. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners and Respondent Nos. 1 and 2. 2. I am conscious that other Respondents are not appearing today before the Court. However, instead of issuing notice, in my opinion, it is appropriate to direct the Trial Court to ensure compliance of legal mandate in terms of Section 9A of C.P.Code as applicable to the State of Maharashtra, which obligates the Trial Court to first decide the issue of jurisdiction of the Court, if such issue is raised or arises for consideration. 3. It is not in dispute that Defendants in the 2 Written Statement have specifically raised the issue of jurisdiction of the Court. In that case, before finally disposing of the interim application Exh. 5 filed by the Plaintiffs, the Trial Court is obliged to first address the said issue of jurisdiction. Only when it can proceed to consider interim application Exh.5 finally on merit. 4. Indeed, during consideration of the said issue of jurisdiction, the Trial Court is competent to grant ad-interim order, which can continue till final decision of issue of jurisdiction. In the present case, the Court has already granted order of status quo. That arrangement ought to continue till the issue of jurisdiction is finally decided by the Trial Court. 5. The Trial Court shall frame the issue of jurisdiction and answer the same expeditiously, in any case not later than 30th April, 2009. 6. Parties appearing before this Court may bring this order to the notice of the Trial Court. 7. The Petition disposed of on the above terms. 3 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)