1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 53 OF 2009 Mahsool Karmachari Sahakari Sah-Bhagidari Grah Nirman Sanstha, (Ltd.), Parbhani through its President and Secretary 1. Madhusudan Hanumantrao Dharwadkar, (President), R/o. Opp. Shri. Shivaji Law College, Basmath Road, Parbhani - 431401. 2. Gopalrao Ambadasrao Borikar, (Secretary), R/o. Shivaji Nagar, Parbhani. ....Applicants. Versus Ambadas Satuji Kadam, R/o. B & C Quarter No. 37-C, Behind Govt. Rest House, Vidyanagar, Parbhani-431401. ....Respondents. Mr. G.A. Borikar - applicant present - in person. Mr. P.V. Mandlik, Senior Counsel for respondent. CORAM: R.K. DESHPANDE, J. DATED: 11th November, 2009. ORAL JUDGMENT : 1. Heard Shri. G.A. Borikar, the applicant in person, who claims himself to be the Secretary of the applicant society. This civil revision application challenges the order dated 6.5.2009 passed by the learned 2 Civil Judge, Senior Division, Parbhani below Exh. 1, holding that the dispute in question was not touching the business of the society and due to that the civil court had no jurisdiction to try and entertain the suit. The plaint has been returned to the applicant for presentation of it before the appropriate Court. 2. Shri. Mandlik, the senior counsel, appearing for the respondent sole, concedes to the position that there are no reasons recorded in the impugned order dated 6.5.2009 by the learned Joint Civil Judge, Senior Division, Parbhani. The applicant has raised several contentions in this application, including that the respondent is not the member of society and hence, the civil court has jurisdiction to entertain, try and decide the Regular Civil Suit No. 87/2009. However, non of these aspects are taken into consideration by the trial Court. The trial Court has also failed to record any reason in support of the order, holding that the civil Court has no jurisdiction. The order is cryptic one and hence, is not sustainable in the eyes of law. 3. In view of above, the instant civil revision application is allowed. The order dated 6.5.2009 passed below Exh. 1 in Regular Civil Suit No. 87/2009 by the learned Joint Civil Judge, Senior Division, Parbhani is hereby quashed and set aside. The trial Court is directed to decide the preliminary issue as to jurisdiction, after providing the parties an opportunity of being heard in the matter and after considering the 3 contentions of the parties, pass the reasoned order. The trial Court is further directed to decide the matter expeditiously within a period of one month from the date of receipt of the writ of this Court. The civil revision application is, thus, allowed with no order as to costs. 4. At this stage, Shri. Borikar, appearing in person requests that this Court has granted an injunction as per the order dated 17th June 2009, restraining the respondents, not to obstruct or interfere with the possession of the petitioner society over the disputed plot No. 34 (city survey No. 2780), alleged to be owned by the petitioner society till the decision of the preliminary issue. However, Shri. Mandlik, senior counsel, has opposed the same and states that no such application for temporary injunction was filed in the trial court by the petitioner society and the applicant has suppressed this fact and therefore, this Court has passed an order granting injunction. 5. The applicant submits that such an application for temporary injunction was filed in the Regular Civil Suit No. 87/2009 by the petitioner society. Be that as it may, the application if filed needs to be considered by the trial Court. This Court had passed an ex-parte order on 17th June 2009. It shall be open for the applicant to move urgently before the trial Court for passing ad-interim order of injunction. The order dated 17th June 2009, is vacated and it is made clear that either grant or vacating the injunction by this Court in this civil revision 4 application shall come in the way of trial Court in considering the application of injunction. [ R.K. DESHPANDE, J.] ssc/cra53.09