1 ao65.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 65 OF 2011 WITH CIVIL APPLICATION NO. 6997 OF 2011 [Shahawar Begum Arifkhan vs. Ahmedkhan Asadkhan & Anr.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. B.S. Kudale, Advocate for appellant. Mr. G.M. Jadhav, Advocate for R-1. Mr. D.R. Kale, AGP for R-2 to 4. CORAM : S.S. SHINDE, J. DATE : 21ST JULY, 2011 PER COURT : Learned Counsel for the appellant agitated the important point in Appeal from Order, whether the Civil Court which has passed the impugned order, has jurisdiction to entertain the suit. 2. After hearing Counsel for the appellant, Counsel for the respondent No.1 and learned A.G.P. for respondent State, there is consensus amongst the Counsel 2 ao65.11 appearing for the parties that the Civil Court will decide the issue about the jurisdiction as a preliminary issue, and after deciding such issue, to proceed further in the suit. 3. On the aforesaid background, 2nd Joint Civil Judge, Senior Division, Nanded is directed to frame preliminary issue on the point of jurisdiction and after deciding the said issue, then proceed in the suit. Appeal from Order and also Civil Application stands disposed of. . It is clarified that the concerned Court is directed to do such exercise of framing preliminary issue and decide the same within four months from today. However, till this point is decided, impugned order in this appeal will remain in operation. [S.S. SHINDE, J.] 3 ao65.11 sut/JUL11