1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.612 OF 2009 Kirloskar Compuer Services Ltd Mr.P.Kailasanathan, Sr.Manager Finance ...Petitioners vs. Angelo Lima Fernandes & Ors. ...Respondents Ms Neeta Solanki i/b M/s.Kiran Jain & Co. for the petitioners Mr.D.A.Nalawade for respondent no.1 CORAM :A.S.OKA,J. DATE : SEPTEMBER 22, 2009 P.C. 1 Heard the learned counsel for the petitioner (1st and 2 nd defendants) and the learned counsel for the respondents (original plaintiffs). The petitioners made an application invoking section 9(A)of the Code of Civil Procedure,1908 in a suit filed by the respondents raising an objection to the jurisdiction of the trial court to entertain the suit and for framing a preliminary issue. By the impugned order dated 30 th July 2007, the said application has been rejected placing reliance on the decision of Solapur Social Urban Co-operative Vs. Nigam A. Mannan (2006 (4) Bombay Cases Reporter 217).In view of the decision of the Division Bench in case of Madhuri Prabhakar Patole Vs. Aruna Satishchandra Gaikwad (2008 1 Bombay Cases Reporter 709), the view taken in the case of Solapur Social Urban Co-operative (supra) is no longer a 2 good law. It is not in dispute that the application for temporary injunction made by the respondents is pending and therefore the trial court will have to frame a preliminary issue of jurisdiction as contemplated by section 9(A) of the said Code and the same will have to be decided expeditiously in accordance with law. 2 Hence, I pass the following order : i) Impugned Judgment and Order is quashed and set aside. ii)The trial court will frame a preliminary issue as required by section 9 (A) of the Code of Civil Procedure,1908. iii)The trial court will decide the issue expetitiously and preferably within a period of three months from today. iv)All contentions on issue of jurisdiction are kept open. v) Writ Petition is partly allowed in above terms with no order as to costs. JUDGE