1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1041 OF 2009 IN NOTICE OF MOTION NO.10 OF 2009 IN B.C.C.S.C.SUIT NO.1552 OF 2004 Mrs.Kanchan A.Desai ..Appellant V/s Joseph Pranlal Patel & Ors. ..Respondents ---- Mr.Sabastian i/by V. S.Deokar for the appellant. Ms.Reena Salunke for the respondent nos.1 & 2. ---- Coram : R.S.MOHITE,J Date : 7th October, 2009. PC 1 Heard both sides. This is an appeal which has been filed against an order passed in the Notice of Motion taken out by the defendant for framing a preliminary issue under Order-14 Rule-2 of CPC. Though it appears that the Notice of Motion mentions that the issue relating to the jurisdiction should be framed under Section 9-A of the CPC, to my mind, that section has been wrongly invoked. No appeal would lie against the rejection of an application for framing an issue under Order-14 Rule-2. Advocate for the appellant states that he may be permitted to withdraw this appeal with liberty to file a Writ Petition. Appeal from Order is allowed to be withdrawn with liberty to file a Writ Petition. All contentions of parties are kept open. Appeal stands dismissed as withdrawn with liberty as aforesaid. (R.S.MOHITE,J) 2