-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.7507 of 2005 Mohammedali Rahiman Shaikh ..Petitioner vs. Shri Ashok Vithalrao Patodkar ..Respondent Shri S.G.Kudle for petitioner. Shrui R.G.Ketkar i/b Shri S.S.Jadhhav for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 23rd January, 2008 23rd January, 2008 23rd January, 2008 P.C. P.C. P.C. 1. The order under challenge is delivered upon the application which was preferred by the petitioner. That application dated 3rd January, 2005 raises an issue of jurisdiction and request was made that an issue of jurisdiction be framed as a preliminary issue. 2. The original plaintiff opposed that application and the learned Judge has passed the order rejecting the application of the petitioner. 3. Apprehension of the petitioner/original defendant in the Trial Court is that as a result of rejection of the application in the Trial -2- Court, the Trial Court will not frame the issue of jurisdiction and decide it at all. 4. I see no basis for this apprehension. If the Trial Court has already not framed the issue it shall frame the issue of jurisdiction and decide it along with other issues. Needless to state that upon that issue being framed, decision thereon shall not be influenced by any observations made in the impugned order. Further, needless to state that both sides should have adequate opportunity of placing such material as is permissible in law in support of their pleas raised regarding jurisdiction of the Court. Granting liberty to the parties to make their submissions on the issue of jurisdiction and keeping them open the present petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)