: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3388 OF 2009 Dhondu Dattu Bhutal & Anr. ... Petitioners V/s. Jawaharlal Annaso Rote & Ors. ... Respondents Mr.S.S. Patwardhan for Petitioners None for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD JUNE, 2009 P. C.: 1. The petitioners are the plaintiffs before the trial Court. The respondents are the defendants. The petitioners’ suit for injunction was pending before the trial Court. The defendants i.e. the respondents herein filed a counter claim where the defendants had not sought for any interim relief. The petitioners in reply to the counter claim contended that a preliminary issue regarding jurisdiction should be framed u/s 9A of the C.P.C. The trial Court has decided that application and after considering the submissions advanced on behalf of the parties has partly allowed the application to the extent that the issue regarding limitation is to be framed. However, as regards the jurisdiction, the Court has negatived the application of the petitioner on the ground that the issue of jurisdiction will not be heard as a preliminary issue. On a perusal of the impugned order, I see no reason to interfere with the same. The : 2 : trial Court has correctly appreciated the law on this issue and has rejected the application for deciding the issue of jurisdiction as a preliminary issue. 2. Petition rejected.