wp6616-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6616 OF 2011 Yesubai Aba Kadam ... Petitioner. V/s. 1. Manish Mahal Co-op. Hsg. Soceity Ltd., & Ors. ... Respondents. --- Mr.M.P. Vashi i/by M/s. M.P. Vashi & Associates for the Petitioner. Mr. Dr. K.K.Khanna for the Respondent No.1. --- CORAM:- G.S. GODBOLE, J. DATED :- 28th NOVEMBER, 2011. P.C. : 1 Heard Mr. Vashi, learned Advocate for the Petitioner and Mr. Dr. Khanna, learned Advocate for the Respondent No.1. 2 All that has been done by the Co-operative Appellate Court is that it sets aside the impugned Judgment and Order passed by the Trial Court against the Petitioner and remanded the dispute back to the Trial Court for a fresh hearing from the stage of issues. Mr. Vashi apprehends that as Appellate Court has answered point no.1 regarding jurisdiction by saying that it does not survive, this may be mis-construed by the Trial Court as if the Trial Court is having jurisdiction. I do not see any warrant for such apprehension. The entire Judgment of the Trial Court is set aside and it is obvious that the Trial wp6616-11.sxw 2 Court will have to answer issue No.1 about jurisdiction independently on its own merits after considering the oral and documentary evidence which will be led by the parties. It is thus clear that the question of jurisdiction is left open to be determined by the Trial Court. All contentions in this regard are also kept open. 3 It is directed that the order of the Appellate Court, directing disposal of the dispute within 90 days will operate from the date of the production of this order before the Trial Court. 4 All the parties including the Trial Court will act on an authenticated copy of this order issued by the Registry and parties can produce authenticated copy on 30.11.2011, which is next date fixed in the dispute. 5 Writ Petition is disposed of with the aforesaid directions. [G. S. GODBOLE, J.]