IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5171 OF 2008 Shri.Shashikant Kundlika Mhaske & Anr. ...Petitioners Versus State of Maharashtra & Ors. ...Respondents ...... Mr.Uday Warunjikar for Petitioners. Mr.S.D.Railkar for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 22, 2008. JULY 22, 2008. JULY 22, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. By the impugned order, the Court has opined that preliminary issue regarding jurisdiction of the Court arises for consideration and the same will have to be addressed at the first instance. : 2 : 3. Counsel for the Petitioners, however, contends that issue of jurisdiction does not arise on account of Section 9A of the Code of Civil Procedure. The Counsel for the Respondents has not disputed this submission. If it is so, in terms of Order XIV Rule 2(2) of Code of Civil Procedure, it can be proceeded as preliminary issue only if no evidence on that issue is required to be adduced by the parties. The fact remains that issue of jurisdiction has been raised by the Respondents. The Respondents through Counsel states that the Respondents shall not produce any evidence or any other material to pursue the issue of jurisdiction as preliminary issue. According to the Respondents, the issue of jurisdiction can be decided on the basis of averments in the Plaint itself for which, no evidence is required to be recorded. 4. In view of the stand taken by the Respondents, there can be no difficulty in upholding the opinion of the lower Court that the issue of jurisdiction which arises for consideration be proceeded as preliminary issue. : 3 : It is made clear that if there is any occasion for recording of evidence, the question of proceeding with the said issue as preliminary issue will not arise and that issue will have to be considered and decided along with other issues. With this clarification, Petition is disposed of. A.M.KHANWILKAR, J.