:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8208 OF 2007 Prakash Sapra & Anr. .. Petitioners. Vs. Sudeshpal Devkinandan Sharma & Ors. .. Respondents. Mr.S.D.Patil for the petitioners. Mr.D.K.Ailawadi for respondent no.1. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 20TH FEBRUARY, 2008. DATED : 20TH FEBRUARY, 2008. DATED : 20TH FEBRUARY, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Rule, returnable forthwith. 3. By consent taken up for final hearing. Mr.Ailawadi, learned counsel waives service for respondent no.1. 4. In this petition the petitioners have impugned the following order: . "Defendant No.1 and 2 have filed the present application as this court has no territorial jurisdiction to try the said suit. 2. Plaintiff has filed his say on the said application at Exh.65. 3. Heard Arguments of D.B.Patil for the defendant and Shri Mukharji for the plaintiff. 4. As per the pleadings of the plaintiff suit property is situated at the Belapur, Navi Mumbai Also it does not seem that the addresses of the plaintiff and the defendant are within to this jurisdiction of this court. The court at Vashi has territory jurisdiction over Navi Mumbai and Belapur. :2: :2: :2: But the said court at Belapur (Vashi) stated from 02/02/1997 before that this court had jurisdiction to try the said suit, the suits used to be file in the court at Thane. Plaintiff filed the suit on 03/01/1997 i.e. before 03/02/1997. Therefore, it cannot be said that this court has no jurisdiction; as the suit is filed earlier. 5. As per the provisions of section 21 of the Code of Civil Procedure said application has to be made at the time of first hearing in the present matter. Issues are already framed and presently matter is kept for the cross examination of the plaintiff. It means the present application is not filed at the first hearing. Present application is not maintainable as per the provisions of section 21 of the Code of Civil Procedure when the matter is kept for the cross examination of the plaintiff. 6. For the aforesaid reasons the contention of the plaintiff that the present court has no territory jurisdiction can not be accepted. It can be said that this court has territory jurisdiction for the reasons mentioned above. Hence the following order. ORDER . The Application filed by the defendant no.1 and 2 is hereby dismissed." 5. It is clear from perusal of the order so also the other material placed before the court that the Addl. Civil Judge, Junior Division, Thane has no territorial jurisdiction to try regular civil suit No.68 of 1997 in view of the notification issued by the High Court dated 14th January, 1997 bearing No.CRC-3388/826(77) by which the special jurisdiction has been created and conferred on the Civil Judge, Junior Division, Vashi. Admittedly the subject matter of the suit falls within the territorial :3: :3: :3: jurisdiction of Vashi Court. This has not been disputed by the learned counsel for the parties. As a matter of fact, they have fairly stated that I need not examine the impugned order on merits and they have agreed for the following order: . Regular Civil Suit No.68 of 1997 is transferred to the Civil Judge, Junior Division, Vashi. Addl.Civil Judge, Junior Division, Thane to pass formal order to that effect and transfer the file to Vashi Court within four weeks from today. The Civil Judge, Junior Division, Vashi shall proceed to hear the suit from the stage at which the court at Thane left it and transferred it to Vashi. The court at Vashi shall dispose of the suit as expeditiously as possible and preferrably within eight months from the date of receipt of the file. In view of this order, the order impugned in the present writ petition is rendered ineffective. Learned counsel for the petitioners to produce a copy of this order before the court at Thane within two weeks from today. With these observations the writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)