1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6540/2009. (Rahematbi Mohammad Siddique Momin and Ors. Vs. Aasmabee w/o Rajjak Momin and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SP Brahme, Adv. for petitioners; Mrs.SG Jahagirdar, Adv. for Resp.No.2. *** CORAM : K.U.CHANDIWAL ,J. DATE : 18 th October, 2010. ... 1) Heard. 2) Clamp of injunction, below Exhibit-5 in RCS No.239/2001, was questioned before the learned District Judge-1, Dhule in Misc. Civil Appeal No.26/2002. By order dated 16.4.2009, the learned District Judge-1, Dhule did not agree to reject Exhibit-5. Both these orders are questioned in the writ petition. 3) Though the submission of learned Counsel for the petitioner, that the defendant's objection, in terms of Section 9A CPC, ought to have been considered and till then Exhibit-5 could not have been decided, appears to be cozy, however, it is difficult to digest. 4) However, considering the age of the matter and keeping the objection open, 2 the learned Judge, seized with the matter, shall ensure to complete the hearing of the suit up to 30th June, 2011. 5) The preliminary issue will certainly be considered by the learned Judge while adjudicating the suit. 6) With these observations, no alteration in the order under challenge. 7) Writ Petition is disposed of in aforesaid terms. No Costs. (K.U.CHANDIWAL) JUDGE bdv/