1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.262 OF 2009 Small Industries Development Bank of India .. Applicant Versus Ocean Milk Foods Pvt.ltd. .. Respondent Mr.Sanjiv Punalekar i/b. PRS Legal for applicant Mr.P.M.Arjunwadkar for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 27th April 2010. P.C.: 1] This civil revision application is directed against an order passed by the trial court below Exh.15 dated 5th February 2009. 2] By this order the learned Judge has rejected the application preferred by the applicant – defendant to the suit to frame issue of jurisdiction as a preliminary issue and try it in accordance with law. 3] The suit is instituted by the original plaintiff for declaration and permanent injunction. The prayers in the suit are that the notice dated 2 29th August 2009 be declared to be void and inoperative. Further, the defendant applicant should be restrained by a permanent order and injunction from taking possession of the immovable property covered by the notice save and except by due process of law. 4] In such a suit an application was made by the defendant which is a Government of India Corporation for framing the issue of jurisdiction of the civil court as preliminary issue and try it in accordance with law. 5] I can very well appreciate the learned Judge’s concern for not framing issue of jurisdiction as a preliminary issue. In fact, the impugned order proceeds on the basis that evidence will be led after framing issues. However, the learned Judge should not have expressed any conclusive opinion on the point of jurisdiction. 6] In such circumstances, interest of justice would be sub-served if this revision application is disposed of with a direction to the trial court to frame issue of jurisdiction as one of the issues in the suit and try it along with other issues. Considering the nature of the suit and the limited controversy, the learned Judge to endeavour and dispose of the Regular 3 Civil Suit No.145 of 2008 as expeditiously as possible and in any event by 31st January 2011. (S.C.DHARMADHIKARI, J)