1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 919/2010 & MCA ST. (Review) NO. 11751/2010 IN WRIT PETITION NO. 1949 OF 2010 (Ramkali Girjaprasad Pande vs. Suresh Vithoba Sayam) 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. AUGUST 18, 2010. Heard Ms. Wasu, learned counsel for the applicant – petitioner. In view of the facts pointed out on affidavit, delay of 37 days in filing MCA St. (Review) is condoned. MCA ST. (Review) No. 11751/2010 The learned counsel has contended that suit was already decreed and in appeal, matter has been remanded back to the trial Court to find out whether it has jurisdiction. After remand, the application came to be filed by the respondent claiming himself to be tenant, though he is not a tenant. In that view of the matter, the learned counsel is also heard on merits of Writ Petition No. 1949 of 2010. Only to enable her to argue on merits, the prayers made in MCA are granted. 2 Writ Petition No. 1949 of 2010 In view of the orders passed on MCA St. (Review) No. 11751 of 2010, writ petition is restored back and learned counsel is heard for admission. The contention that issue of jurisdiction is pending before the trial Court after remand. It does not in any way derogate from the nature of order passed by it. The remedy under Order 43, Rule 1(r) of Civil Procedure Code is available to the petitioner. Hence, I am not inclined to interfere in extra ordinary jurisdiction. Writ Petition is, therefore, rejected. No order as to costs. JUDGE *GS.