1 ao908.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 908 of 2011 WITH Civil Application No. 1204 of 2011 in AO 908/2011 M/s. Nimesh Global Syndicate ...Appellant v/s. Hanifa Abdul Samad Khan & ors. ...Respondents Mr. Milind Sathe with Indrjeet Kulkarni with Subhash Jadhav i/b. ALMT Legal for the appellant. Ms. M.S. Mhaispurkar-AGP for respondents 2 and 3. Mrs. V.V.Thorat for the respondent. Mr. Prashant Patil i/b. Vijay Patil for respondent no.4. Ms Pratibha Shelke for respondent no.5. CORAM: R.M. BORDE, J. 04th October, 2011 PC: This Appeal from Order can be disposed of by issuing certain directions to the City Civil Court in respect of disposal of Notice of Motion. The Counsel appearing for the Appellant has invited my attention to Section 42 of the Maharashtra Slum (Area, Improvement and Clearance) Act, 1971 and contended that issues raised in the plaint by the plaintiff and the relief sought is not within the competence of Civil Court and in view of bar of jurisdiction contained in Section 42 of the Act, the suit presented is not entertainable and the reliefs claimed by the plaintiffs are also not capable of being granted by the Civil Court. I have perused the impugned order passed by the trial Court as well as the copies of the plaint and the written-statement presented by the parties. In the written-statement presented by the appellant-original defendant, 2 ao908.11.sxw issue of jurisdiction is raised making reference to Section 42 of the Maharashtra Slum (Area, Improvement and Clearance) Act, 1971. However, no separate application was tendered by the defendant as contemplated under Section 9-A requiring the Court to deal with the issue of jurisdiction first before considering the application for grant of interim-relief. It would be open for the defendants to tender an application. 2. In the facts and circumstances of the case, the ends of justice would be met if liberty is granted to the defendant to present an appropriate application as contemplated by Section 9-A raising objection as regards jurisdiction of the Court to entertain the suit or to grant reliefs as claimed by the plaintiff in the suit. If such an application is presented within four weeks from today, the trial Court shall hear the application and after extending liberty to both the parties shall decide the application. The order passed by the Court on 4th May, 2011 in Notice of Motion No. 1744/2010 in SC Suit No. 1471/2010 shall be considered as an ad-interim order passed under Section 9-A(2) of the Code of Civil Procedure Code. The Court shall deal with the application raising preliminary objection that would be presented under Section 9-A of the Act by the defendant and shall thereupon consider the application seeking interim order presented by the plaintiffs. This exercise shall be done by the trial Court as expeditiously as possible preferably within a period of six weeks from today. 3. With these directions, the Appeal from Order stand disposed of. In view of disposal of Appeal from Order, civil application does not survive and stands disposed of. (R.M.BORDE, J)