Court dismissed a writ petition seeking interference with a trial court order rejecting a preliminary application on jurisdiction. Held that no interference is called for as the matter is ready for evidence.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO. 7599 OF 2007
Harilal Bhila Asmar .... Petitioner
versus
Supadu Bala Jadhav & ors...... Respondent.
Mr. M.M. Sathaye for the petitioner.
CORAM; A.P. DESHPANDE, J.
DATED; 19TH OCTOBER, 2007
P.C.;
1. In the suit filed by the plaintiff, having regard
to the pleadings of the parties, the trial court has
already framed issues on 1-4-2006 and the suit is
ready for evidence. The defendant no.1 moved an
application for trial of one of the issues which
touches the jurisdiction as a preliminary issue. The
trial court has rejected the said application by
observing that all the issues are required to be
decided together.
2. Perused the order. At this stage, no interference
with the impugned order is called for as the matter
has already reached the stage of evidence. By not
interfering with the impugned order, no prejudice will
be caused to the petitioner. Hence petition is
summarily dismissed. Needless to mention that all
contentions raised in this petition are left open to
be agitated at apporopriate stage before appropriate
forum.
Harilal Bhila Asmar
Supadu Bala Jadhav
A.P. Deshpande
As recorded by the court registry
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