1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8498 OF 2006 Shri Praful Shridhar Munishwar & Ors. ..Petitioners. V/s. Shri Mahalaxmi Vajlep Samiti Kolhapur & Ors. ..Respondents. Mr.P.S.Dani for petitioners. Mr.Sanjeev A.Sawant for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 11, 2009. DATE : FEBRUARY 11, 2009. DATE : FEBRUARY 11, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The only basis on which the Court below has proceeded to observe that issue of jurisdiction of that Court would arise for consideration and will have to be considered under section 9A of C.P.Code as preliminary issue is on the premiss that the Plaintiff has challenged the Government of Maharashtra Resolution dated 3rd November, 2000 issued in the name of Governor in respect of formation of the Vajralep Samiti, which aspect cannot be examined by the Civil Court. As the Counsel for the Plaintiffs states on instruction that the 2 Plaintiffs are not questioning the validity of the stated resolution, question of considering issue of jurisdiction of the Civil Court does not survive for consideration. 3. Thus understood, the order which is impugned in this Petition will have to be set aside with observation that Application Exh.40 does not survive for consideration in view of the statement made by the Plaintiffs across the bar before this Court, which has been accepted. 4. Needless to observe that other issues including regarding performance of committee are matters, which can be considered by the Civil Court on which there is no dispute between the parties. That position is also placed on record. 5. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)