SM 1 33.wp.8345.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8345 OF 2011 Chhotelal Gajjuram Dhivar ....Petitioner. Versus M/s. Ravi Ashish Developers Ltd. ....Respondents. ____________ Mr. Shrishail Sakhare for the Petitioner. Mr. A. N. Narula i/b Jhangiani Narul & Associates for the Respondents. CORAM: R. M. BORDE, J. DATED : OCTOBER 19, 2011. P.C.: An application tendered by the petitioner for deletion of an issue as to whether the court has jurisdiction to try and decide the suit, has been rejected by the Trial Court. It is the contention of the petitioner that the issue was incidentally dealt with by the Trial Court while considering application for grant of injunction and the objection to jurisdiction was turned down. 2. However, the finding recorded by the Trial court and answer given to point framed as regards question of jurisdiction of court while considering an application for interim relief would not be considered as on decision on an issue involved in the suit. The Trial Court, therefore, justified in turning down the application tendered by the petitioner for deletion of the issue. The Court has observed that the issue as regards pecuniary jurisdiction is not required to be decided but jurisdiction of the court to deal with suit as per Section 42 of Slums Act needs determination. It is the contention of the petitioner that the suit is presented raising issues SM 2 33.wp.8345.11 under the MOFA Act. The Trial Court shall consider the issue of jurisdiction on its own merits and in accordance with law and not in restricted sence and without being influenced by observations made by the Court in the order passed while deciding the application on 8th September, 2011. 3. Writ Petition stands dismissed. (R. M. BORDE, J.)