( 1 ) THE petitioner in this petition under Article 226 and 227 of constitution of India is original defendant. The present respondents have filed a suit before civil Judge, Senior Division, Wardha vide r. C. S. 1/1998 for declaration and cancellation of succession certificate. The immovable properties in relation to which declaration is sought is located in Wardha District while the petitioner obtained succession certificate from court another district i. e. Chandrapur. One of the declarations prayed for by present respondents is that the succession certificate is obtained by fraud. The present petitioner who is defendant, challenged the territorial jurisdiction and contended that suit of such a nature ought to have been instituted at chandrapur only. Joint Civil Judge. Senior division, Wardha, upheld this objection on 12/3/2001 and ordered return of the plaint to present respondents for presentation to chandrapur court. The respondents challenged this order by filing Misc Civil Appeal 23/2001 and on 5/8/2002 the Additional District Judge, wardha. held that the Civil Court at Wardha had jurisdiction to entertain the suit and return of plaint was not proper. It is this orde