IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 23 OF 2007 CIVIL REVISION APPLICATION NO. 23 OF 2007 CIVIL REVISION APPLICATION NO. 23 OF 2007 M/s. Kakde Land Developers & Ors. ...Applicants Versus M/s. M.D.Shah & Co. & Ors. ..Respondents Mr. S.A.Sawant, Advocate, for the applicants Mrs. Latika H.Belindage, Advocate, for the respondent No.1 - absent. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 25th February,2008. DATE: 25th February,2008. DATE: 25th February,2008. P.C. P.C. P.C. 1. Respondent Nos. 1 and 2, who are the original plaintiffs, had filed Regular Civil Suit No.324 of 2000, the original number being 815 of 1997. In the year 1999, issues were also framed and the suit is pending for trial and final disposal. In the year 2004, defendant Nos. 2 and 3 filed an application Exhibit 121 contending that the Civil Court had no jurisdiction to try the suit and requested that this may be decided as a preliminary issue. The trial Court by the impugned order dated 19.9.2006 rejected that application with costs. The Revision is preferred by the original defendant Nos. 2 and 3 challenging that order. 2. Heard learned Counsel for the revision-applicants. 3. In view of the fact that issues were framed in the year 1999 and the suit is pending for last about 9 years for final hearing and disposal, this was not the sage to make an application raising preliminary issue. As the written statements have been filed by the parties long back and issues were framed, at such a late stage, it is not desirable to decide the preliminary issue. All the points which are raised by the parties in the written statements can be decided while deciding the suit finally. In such circumstances, I do not see any reason to interfere in the impugned order. 4. Therefore, the Revision Application stands rejected with a clarification that all the points which have been raised by the parties in the written statements are left open for decision at the time of final disposal. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)