:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 7073 OF 2006 Shri Antoneo B.D’souza ...Petitioner Versus Shri Arun Keshav Joshi ....Respondent ====== Mr.R.S.Apte i/by. Mr.M.S. Lagu Adv. for the petitioners. Mr.P.S.Dani Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 11TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. This petition under Article 227 of the Constitution of India is by the original defendant in Reg.Civil Suit No. 131 of 2004 which is pending on the file of the Civil Judge, Junior Division, Panvel. He is aggrieved by an order passed by the lower Appellate court restoring the interim injunction in that suit which is issued in favour of the original plaintiff-respondent before me. Further, the lower Appellate court has directed that an application :2: :2: :2: preferred by the present petitioner for treating the issue of pecuniary jurisdiction as a preliminary issue be restored to the file. That was an application under Section 9A of the Code of Civil Procedure. 2. It appears that since the question whether Section 9A of CPC can be resorted to after the Code of Civil Procedure was amended in 2002 by the Parliament was pending before this court and now it has been resolved finally. That is how this Writ Petition which is challenging an order passed in the year 2004 and filed in the year 2006 is pending. 3. After this matter was heard for some time, I expressed an opinion to the Learned counsel appearing for both sides that the petitioner being 86 years of age, so also, the Original plaintiff being a Senior Citizen, it would be fair, just and proper that Reg.Civil Suit No.131 of 2004 be expeditiously heard and disposed off, so also, the issue of pecuniary jurisdiction of the court of Civil Judge Junior Division framed therein. Both sides do not have any objection and agree that the Writ Petition can be :3: :3: :3: disposed off on these lines. Accordingly, the following order. (i) The Civil Judge Junior Division to whom Reg.civil Suit No. 131 of 2004 is assigned, shall endeavour and dispose off the same as expeditiously as possible, and in any event, before 31.8.2008. (ii) It is clarified that irrespective of the order passed by the Trial Court at an earlier stage and the Appellate Court’s order dated 6.11.2004, an Issue of pecuniary jurisdiction of the Trial Court shall be framed in the suit and shall be tried alongwith all Issues by the concerned Judge. The Trial Judge is free to pass appropriate orders on this Issue, uninfluenced by any observations made at an earlier stage, but, in the light of the materials produced and in accordance with law. :4: :4: :4: (iii) All contentions of both sides not only on the issue of jurisdiction but also on merits are expressly kept open with no opinion having been given thereon by this court. (iv) Needless to state, that if the suit is not disposed off by the aforesaid date, liberty is granted to the petitioner-original defendant to apply for vacating the interim order granted earlier and such an application if preferred must be decided uninfluenced by earlier observations and orders. *******