:1: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT : APPEAL FROM ORDER NO.508 OF 2008 WITH CIVIL APPLICATION NO.586 OF 2008 --------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s orders orders or directions and Registrar’s orders --------------------------------------------------------------------- Mr.Sachin Gite for the Appellant. None for the Respondents. CORAM : S.J.VAZIFDAR, J. DATED : 6TH JUNE, 2008 P.C : P.C : P.C : The impugned order cannot be faulted on any ground. Prima-facie, it does appear that the application was filed by the Appellant only to delay the hearing of the suit and issue as to jurisdiction has no doubt been raised. However, the application under Order VII Rule 10 was filed in the midst of the oral evidence. 2. The learned Judge has rightly :2: rejected the application stating that the question of jurisdiction will be decided on merits alongwith the other issues. 3. Appeal from order is therefore dismissed. The Civil Application hence does not survive which is also dismissed as such. ***