1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4237 OF 2009 (Shri Dindayal Bhayyaprasad Naukariya vs. Smt. Prabhavati Dindayal Naukariya & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 12, 2010. Heard Shri Kotwal, learned counsel for the petitioner and Shri Bhandarkar, learned counsel for the respondents. The impugned order is passed by 4th Joint Civil Judge, Senior Division, Nagpur and contention of Shri Kotwal, learned counsel is that in view of the availability of Family Court at Nagpur, as parties were residing at Nagpur, Civil Court had no jurisdiction. He contends that this issue has been lost sight of by the trial Court. Shri Bhandarkar, learned counsel contends that the order is perfectly legal and does not require any interference. It is apparent that question whether Civil Court had jurisdiction or matter ought to have been filed before Family Court has been raised and same is to be decided after looking into notification which conferred jurisdiction on that Court. That notification has not been filed along with the petition and it has not 2 been placed before the trial Court. In the circumstances, looking to the nature of controversy, I am inclined to give one opportunity to the parties to show whether Civil Court has or does not have jurisdiction in the matter. The interest of Respondents is already taken care of by directing the petitioner to deposit 1/4th of the total amount and accordingly Rs.27,500/- has been deposited by the petitioner before this Court. This Court has already permitted the respondents to withdraw that amount on 18.11.2009. In the circumstances, the impugned order passed below Exh. 5 on 27.04.2009 is hereby set aside. The trial Court to decide that application along with objection of the petitioner to its jurisdiction in accordance with law as early as possible and in any case by 15th February 2010. The parties to appear before the trial Court on 21st January 2010 and to abide by its further directions in the matter. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.