1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.443 OF 2007 WITH NOTICE OF MOTION NO.741 OF 2007 IN SUIT NO.2355 OF 2003 Sweet Home Coop.Society .. Plaintiff Versus Bhimsain Khurana .. Defendant Mr.A.A.Joshi i/b. R.M.G.Law & Associates for plaintiffs Mr.Deogirikar for defendant. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd February 2009. NOTICE OF MOTION NO.443 OF 2007 . On the last occasion the matter was adjourned to enable Mr.Deogirikar to take instructions and make statements as to whether 2 the defendant Himansu Khurana has alienated, encumbered, disposed of or created any third party rights in the suit premises. 2. Without prejudice to the rights and contentions of the defendant Mr.Deogirikar states that the defendant has inducted his sister’s brother in law in the suit premises, purely as temporary arrangement and since the brother in law’s premises are under renovation and repairs. Save and except this arrangement neither are the premises alienated nor encumbered nor disposed of in any manner. Further, no third party rights are created in respect thereof. 3. In such circumstances, I see no impediment in accepting the statement of the defendant that the defendant will not create any third party rights nor alienate and encumber the premises in any manner till the suit is disposed of. This order is passed without prejudice to 3 the rights and contentions of both sides. Motion is disposed of in these terms. 4. Disposal of this notice of motion does not preclude the defendant from raising the plea of jurisdiction nor for the Court from framing it and trying the same in accordance with law. NOTICE OF MOTION NO.741 OF 2007 . After the matter was heard for some time and it was noticed that the defendant has filed written statement raising the plea of jurisdiction of this Court so also the issue of jurisdiction being framed in the companion Suit, interest of justice would be sub-served if the motion is disposed of with direction that identical issue of jurisdiction be framed in the instant suit as well. Notice of motion is 4 disposed of accordingly. SUIT NO.2355 OF 2003 . This suit is placed on board forthwith for framing issues by consent by both sides. Perused the pleadings. Following issue is framed for consideration in this suit:- ". Whether defendant proves that this Court has no jurisdiction to entertain and try the present suit?" 2. Both sides state that parties would first have this issue tried and, thereafter, the Court may render its findings on other issues depending upon the answer thereto. Place both the suits i.e. Suit Nos.2354 of 2003 and 2355 of 2003 on 10th February 2009 in order to enable parties to 5 record evidence before the Commissioner. (S.C.Dharmadhikari, J)