(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8046 OF 2009 Ramchandra s/o. Bapu Puri. .. Petitioner (Original defendant no.1) versus 1. Ashabai d/o. Shankar Puri, 2. Anusaya w/o. Dilgirbuwa Puri, 3. Devika w/o. Ratan Puri, 4. Surekha w/o. Uttam Puri, 5. Mangalbai d/o. Shankar Puri. .. Respondents. .......................... Mrs. M.A. Kulkarni, Advocate, for the petitioner. .......................... CORAM : B.R. GAVAI, J. DATE : 2ND DECEMBER 2009. COURT'S ORDER : 1. By way of present petition, the petitioner (original defendant no.1) challenges the order dated 9th October 2009, passed by the learned District Judge-1, Ambajogai, below Exhibit 38 in Miscellaneous Civil (2) Application No. 36/2008, thereby rejecting the application filed by the present petitioner, praying that the preliminary point of jurisdiction be decided in the first instance before holding any trial regarding the application for condonation of delay. 2. No error could be found with the approach adopted by the learned District Judge in rejecting the application. The view taken by the learned District Judge is in consonance with the law laid down by this court, in the case of Madhao Somaji Sarode Vs. Jotiba Dhyan Upasak Shikshan Sanstha Dudhala & others (2004(6) Bom.C.R. 684). 3. Hence, the petition is dismissed. ( B.R. GAVAI ) JUDGE ......................... bgp/wp8046