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1999 Supreme(Bom) 513

F.I.REBELLO
Vishram Parbat-H. U. F. by the Karta and Manager Shankar Vishram Patil – Appellant
Versus
Shruti Builders and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---The applicant-defendant No. 1 has moved this Court to revoke the leave granted to the plaintiff under Clause 12 of the Letters Patent. There is a Notice of Motion for interim relief pending in the suit. In that light of the matter, and in view of the order dated 17th June 1999 of the Appellate Bench of this Court passed in Appeal No. 336 of 1999 in Chamber Summons No. 1167 of 1998 in Suit No. 4060 of 1998, the revocation of leave is being decided as a preliminary issue as to the jurisdiction of this Court to hear and decide the suit. The application for leave to revoke has been moved on the ground that the suit is a suit for land and no part of the cause of action has arisen within the jurisdiction of this Court as the land is situated outside the territorial jurisdiction of this Court and consequently, no leave could have been granted under Clause 12 of the Letters Patent. Parties are agreed that the said issue be decided as a preliminary issue by virtue of section 9-A of the Code of Civil Procedure as introduced in this State. Parties have further agreed that no evidence need be led in the matter and that the issue can be decided on the pleadings a

















































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