1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 7307 OF 2011 M/s. Mangal Moorti developers Pvt. Ltd. ...Petitioners Versus Mahiwar R Sharma & Another ...Respondents Mr.S.S.Murthy i/b. Piyush Shah & V.N.Tayade for the Petitioner Mr.Ramesh Chheda for the Respondent CORAM:- R.Y.GANOO, J. DATED:- 7th SEPTEMBER, 2011. P.C. 1. Heard learned Counsels on both sides. Perused Order dated 17th August, 2011 passed in the suit. Learned Advocate Mr. Murthy admitted that the learned Judge of the City Civil Court has framed an issue of jurisdiction. Mr. Murthy submitted before this Court that in the interest of justice, it would be proper to decide the said issue first. 2 2. After having heard learned Counsels on both sides, I am inclined to observe that the request made by the learned Advocate Mr.Murthy before this Court now cannot be accepted as the suit is in the midst of hearing, in as much as the plaintiff has closed its case. Needless to mention that learned Judge of the City Civil Court shall considered the matter on merits in respect of all the issues framed and render his judgment. In view of the above, no interference is required in the impugned order dated 17th August, 2011 passed in Suit No.2096 of 2011. 3. In view of the above, petition is dismissed. This court has not expressed any views on the question of jurisdiction of the City Civil Court in regard to the plaint which is filed in the aforesaid suit. (R.Y.GANOO, J.)