1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5684 OF 2008 Sou.Anjanabai T. Tathe & Anr. ..Petitioners. V/s. Sou.Alka Vithal Nikam. ..Respondent. Mr.U.B.Nighot for petitioners. Mr.M.B.Jadhav for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith by consent. 3. Mr.Jadhav waives notice for respondent. 4. As short question is involved, Petition is taken up for hearing for final disposal forthwith by consent. 5. This Writ Petition under Article 227 of the Constitution of India takes exception to the Judgment and Order passed by the District Judge-3 Pune at Pune 2 dated 5th April, 2008 in Misc. Civil Appeal No.310 of 2006 whereby the Appellate Court has affirmed the order of injunction passed by the trial Court on 19th August, 2006 below Exh.5 in Regular Civil Suit No.146 of 2006. Neither the trial Court nor the Appellate Court has addressed itself to the legal mandate provided for in sections 9A of Code of Civil Procedure. During the pendency of interim application Exh.5, as the issue of pecuniary jurisdiction arises for consideration in the counter claim filed by the Defendant and the same has already been framed by Order 14th July, 2006, till the said issue is answered one way or the other, question of proceeding with the hearing on Exh.5 is not permitted. 6. In the circumstances, the order impugned in this Writ Petition passed by the trial Court dated 19th August, 2006 as well as by the Appellant Court on 5th April, 2008, both these Judgment and Orders are reversed. Instead, the Application Exh.5 is restored to the file, to be reconsidered on its own merits in accordance with the law, after the issue of pecuniary jurisdiction of the Court is answered as preliminary issue in terms of section 9A of Code of Civil Procedure. The restored application Exh.5 3 shall be proceeded further on its own merits, uninfluenced by any of the observations made by the trial Court or for that matter by the Appellate Court in the Judgment and Order impugned in this Writ Petition. 7. The trial Court shall decide the issue of pecuniary jurisdiction already framed in terms of the Order dated 14th July, 2006 as preliminary issue under section 9A of the Code as expeditiously as possible, preferably within three months from the receipt of the intimation of this order. 8. Till then, ad-interim arrangement ordered by the trial Court below Exh.5 would continue to operate unless modified or recalled by the trial Court, if and when required. 9. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)