kbp 1 5400-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5400 OF 2009 Dr.A.Subhananda Rao and ors. ..Petitioners Vs. Dr.Rohidas Gopinath Taware ..Respondent ......... Mr.J.G.Reddy, for petitioners. ......... CORAM : A.S.OKA, J.. DATE : 1 st OCTOBER, 2009. P.C. : 1] Heard learned counsel appearing for the parties. 2] The first challenge in this petition under Article 227 of the Constitution of India is to an order by which the trial Court has declined to frame preliminary issue of jurisdiction. The trial Court has observed that Section 9-A of the Code of Civil Procedure, 1908 will not apply as there is no application for temporary injunction pending. The trial Court has observed that after the issues are framed at an appropriate stage, the petitioners can invoke Rule 2 of Order 14 of the Code of Civil Procedure for framing a preliminary issue. The second order under the challenge is by which a sentence in the written statement of the petitioners has been ordered to be struck out in exercise of power under Rule 16 of Order 6 of the Code of Civil Procedure,1908. kbp 2 5400-09.sxw 3] Considering the nature of controversy, as far as the second order is concerned, no interference is called for at this stage in asmuch as the petitioners can always challenge the said order in an appeal against the decree, if the decree passed is adverse them. As far as the first order is concerned, the trial Court has kept a remedy open. 4] Subject to what is observed above, no interference is called for. The petition is rejected. ( A.S.OKA, J. )