1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5647 OF 2009. Kewalchand Gopal Gautam -: versus :- A.D. Pande and others 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. DATED : FEBRUARY 18, 2010. Heard finally by consent of Shri Anant Dixit, learned counsel for petitioner, learned A.G.P. for respondent no.2 and Shri I.S. Charlewar, learned counsel for respondent nos. 3 to 5. Issues were already framed and parties accordingly led evidence on merits. At the time of arguments, the learned Judge of the trial Court found that cognizance of suit may not be taken by Civil Court in view of the provisions of Section 158 of the Maharashtra Land Revenue Code. Applicability of said provision and its interpretation are all questions which need to be looked into by the trial Court in the light of the facts pleaded in the plaint. Here as the parties have already led evidence on merits and were addressing the court finally on all issues, the trial Court shall hear the arguments on all issues including 2 the issue of jurisdiction of Civil Court and decide all the issues together in accordance with the law. It is made clear that in view of this clarification, the application moved by the petitioner on 18.12.2009 for seeking leave to lead evidence on additional issue of jurisdiction is rendered infructuous, that application is accordingly disposed. Writ Petition is accordingly partly allowed, with no order as to cost. JUDGE Rgd.