ESTATE INVESTMENTS COMPANY Vs. MADHU HARSHAD DOSHI

JUDGEMENT

(1.) By consent of the parties, the aforesaid appeals were heard finally at the admission stage only on the preliminary issue raised by the appellant (original defendant no.1) under Section 9A of the Code of Civil Procedure, 1908 (for short "CPC") before the learned trial Judge as to whether he was bound to decide the application filed under Section 9A of CPC before disposing of the application (Exhibit-5) filed by the respondent no.1 (original plaintiff no.1). The issue of jurisdiction is argued in Appeal from Order Nos.1169 of 2013, 1122 of 2013, 1171 of 2013 and 1170 of 2013.

(2.) Learned senior counsel appearing for the contesting parties have addressed this Court only on the issue of jurisdiction at this stage and not on merits of the impugned order dated 16 th May 2013 passed by the learned trial Judge in the aforesaid four appeals from order.

(3.) Since the facts in the aforesaid four appeals are identical, the case of the parties in Appeal from Order No.1169 of 2013 is considered for the purpose of deciding the aforesaid issue.