1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4956/2009. ( Chandrakant N. Gajbee -: versus :- Ghanshyam G. Gajbee ) WRIT PETITION No. 4957/2009. ( Madanlal R. Gajbee -: versus :- Ghanshyam G. Gajbee ) 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. DATED : FEBRUARY 09, 2010. Heard finally by consent of Shri N.S. Deshpande, learned counsel for petitioners and Shri J.B. Kasat, learned counsel for respondent. Petitioners/defendants filed applications to try the issue of jurisdiction as preliminary issue pointing out that the suit property was having valuation above Rs. 1 lakh and hence, the Court of Civil Judge, Junior Division lacked pecuniary jurisdiction. By the impugned order dated 01.10.2009 that application has been rejected. Perusal of records show that issue as to jurisdiction is already framed by the trial Court as issue no.7. In these circumstances, the effort of Shri Kasat, learned Counsel on behalf of respondent / plaintiff to show that all issues need to be tried together, cannot be accepted as if issue no.7 is answered in negative, the Court of Civil Judge, 2 Junior Division will not have jurisdiction and matter will be required to be transferred to the Court of Civil Judge, Senior Division. In view of this position, it is apparent that the objection in this respect has been raised at the earliest and issue is also framed. The said issue needs to be tried as preliminary issue to avoid any further complications. Accordingly, the applications under Order XIV Rule 2[2][A] of the Code of Civil Procedure filed by the petitioners/defendants in Regular Civil Suit Nos. 39 and 40 of 2003 are allowed. The Court below is directed to decide the issue no.7 as preliminary issue in accordance with the law, after giving parties necessary opportunity. Rule accordingly. No cost. JUDGE Rgd.