1. In view of the reference made by the learned Single Judge of this Court (CORAM : A.M. KHANWILKAR, J.) and directions given by the then Hon'ble Chief Justice, the present matter was placed before us for resolving following issue :-

ISSUE

Whether Section-9A of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC) in relation to its applicability in the State of Maharashtra, stands repealed by Section-32 of the Code of Civil Procedure (Amendment Act 1999) i.e. Central Act No.46 of 1999 and/or by Section-16 of the Code of Civil Procedure (Amendment) Act, 2002 i.e. central Act No.22 of 2002 ?

2. Brief facts giving rise to this reference are as under :- A suit bearing Regular Civil Suit No.895 of 2005 was filed against the present applicant in the Court of CJSD, Solapur for declaration and injunction. Application Exh-5 was also filed for temporary injunction. The present applicant-original defendant filed application under section-9A of CPC and contended that the said Court had no jurisdiction to try the said suit and as such issue with regard to jurisdiction be decided first. The learned Trial Judge decided the said issue as a p