bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7695 OF 2008 PETITION NO. 7695 OF 2008 PETITION NO. 7695 OF 2008 Mrs.Kusum Santosh Yande & ors. ... Petitioners v/s Khaprideo C.H.S. Ltd. ... Respondent Mr.A.S.Desai for the petitioners. Mr.S.G.Surana for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 25TH NOVEMBER, 2008 25TH NOVEMBER, 2008 25TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. The grievance of the petitioners is that the Co-operative Appellate Court has set aside the interim order passed by the Trial Court and directed the Trial Court to return the plaint to the petitioners of the dispute before the Trial Court. The appellate Court has done so because it found that the Trial Court has no jurisdiction to entertain the dispute. 2. In my opinion, if it was found by the appellate Court that the issue with regard to the jurisdiction which had been raised by the respondent Society had not been considered by the Trial Court, the appellate Court 2 ought to have remanded the matter to the Trial Court for it to decide the matter with respect to the jurisdiction. 3. Hence, by consent of the parties, the orders of the appellate Court as well as the Trial Court are set aside and the Trial Court will frame an issue with respect to the jurisdiction of the Court to entertain the dispute filed by the petitioners and will then decide whether interim relief should be granted to the petitioners. 4. Writ petition disposed of accordingly.