KALYAN COMPLEX Vs. SHA SUMERMALJI

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India, challenging the order in I.A. No. 339 of 2015 in O.S.No.114 of 2011 dated 20-11-2015 passed by the VII Additional District and Sessions Judge, Vijayawada.

(2.) The petitioner herein is the defendant in O.S. No. 114 of 2011, filed I.A.No.339 of 2015 under Order 14 Rule 2 and Section 151 of C.P.C. requesting to decide the territorial jurisdiction of the Court as preliminary issue.

(3.) It is alleged that the respondent herein/plaintiff filed O.S.No.114 of 2011 for recovery of suit amount of Rs.11,39,421/- pending before VII Additional District and Sessions Judge, Vijayawada. The petitioner herein being the defendant in O.S. No. 114 of 2011 filed a written statement raising a specific plea that no part of cause of action arose within the territorial jurisdictional limits of VII Additional District and Sessions Judge's Court, Vijayawada and the said court lacks territorial jurisdiction to entertain and try the suit. Therefore, a preliminary issue regarding territorial jurisdiction of the Court is to be decided since an issue was framed specifically as to the territorial jurisdiction of VII Additional District and Sessions Judge's Court, Vijayawada and requested to try the preliminary issue and pronounce order(s) on the issue.