1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5438 OF 2009 The General Manager, Central Railway, Mumbai, C.S.T.M., Mumbai & two others Petitioners Versus Ashok s/o Jawarilal Surana & another Respondents Mr.D.V.Soman, advocate for petitioners. Mr.Mukul Kulkarni, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 5th May, 2010. P.C.: 1 An interlocutory order dated 28.01.2009, passed by III Joint Civil Judge, Senior Division, Jalgaon, below Exhibit-155 in Special Civil Suit No. 236/1988, is subjected to challenge in this petition by Respondents – original defendants. 2 An objection was raised by original defendants to entertainability of the suit on two counts. Firstly, it is contended that notice, issued by plaintiff, prior to presentation of suit, as contemplated under Section 80 of the Code of Civil Procedure, is not legal and proper. The second objection raised is in respect of jurisdiction of the trial Court. According to defendants, there is a provision for referring the matter to Arbitrator and as such, Civil Court has no entitlement to probe into the questions raised in the 2 suit. 3 The trial Court, after hearing respective parties, considering the fact that suit is presented in the year 1988 and is yet pending for disposal, rejected the application holding that preliminary objections raised would be decided at the time of disposal of suit. 4 I have perused the order passed by trial Court and heard arguments advanced by learned Counsel for respective parties. I am of the opinion that trial Court has adopted reasonable view of the matter and no interference is called for at the interlocutory stage of the proceedings, in exercise of writ jurisdiction under Article 227 of the Constitution of India. 5 Writ Petition, therefore, stands rejected. The trial Court, however, is directed to decide the suit expeditiously. (R.M.BORDE) JUDGE ******* adb/wp543809