JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition takes exception to the order passed by the Joint Civil Judge, J.D., Pune dated 24-11-1992 in Regular Civil Suit No. 1447 of 1989.

2. The respondent Nos. 1 and 2 instituted a suit in the Court of the Civil Judge, J.D., Pune being Regular Civil Suit No. 1447 of 1989, inter alia, praying for a declaration that the suit property is owned by Yasin Zuk Darga and Kabrastan and is not a private property of the petitioners herein.

3. It is not necessary to refer to all the events mentioned in the said suit, for the same are not relevant for the adjudication of the present case. The relevant facts for deciding this petition are that the matter went right upto the Apex Court against the interlocutory order where the Apex Court by order dated 30-7-1991 in Civil Appeal Nos. 3027 and 3028 of 1991 directed the trial Court to deal with the question of jurisdiction as a preliminary issue, if warranted by the pleadings, and dispose of the matter as urgently as possible.

4. After the above said directions, the trial Court framed preliminary issue which reads thus :

"Whether this Court has jurisdiction to try and entertain the present suit?"

5. At this s

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