: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.919 OF 2009 M/s.Shirin Manzil Co-op. Housing Soc. Ltd. ... Appellant V/s. Manilal Malshi Shah ... Respondent Mr.D.H. Mehta a/w Naseem Patrawala, Mr.A.A. Ahmedji for Appellant Mr.R.A. Thorat for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 5, 2009 P.C.: 1. Mr.Mehta, appearing for the appellant, submits that the City Civil Court had no jurisdiction to try the suit filed by the plaintiff against the Cooperative Housing Society. He submits that the appellant-society would file an application before the Court under the provisions of Section 9A of the Civil Procedure Code for a decision on the preliminary issue as to whether the City Civil Court has jurisdiction to try and decide the suit. This statement of Mr.Mehta is accepted. 2. Till then, the stay granted by this Court to the order passed by the City Civil Court on 7.8.2009 in Notice of Motion No.606 of 2009 shall continue, in view of the fact that Mr.Mehta states that one gate is already available to the respondents for access to the disputed premises. 3. Appeal is disposed of accordingly. 4. In view of the disposal of the Appeal, Civil Application No.1146 of 2009 does not survive and the same is disposed of accordingly.