1. This Civil Revision Application is filed, challenging the Judgment and Order dated 22th December, 2005 passed by the learned Civil Judge, Senior Division, Aurangabad Dist. Aurangabad below Exh. 30 in Regular Civil Suit No. 653 of 2005. The petitioner herein is the original defendant No. 5 and respondent No. 1 is original plaintiff in Regular civil Suit No. 653 of 2005. The respondent Nos. 2 to 4 are original defendant Nos. 2 to 4 in the said suit.

2. The plaintiff filed the suit with following prayer :

“A] The Suit of the plaintiff may kindly be decreed with costs.

B] That, the defendants be restrained from discontinuing the business carried by the plaintiff of fair price shop NO. 73 without following due procedure under by issuing the perpetual injunction and declare the orders dated 6/09/2005, 8/09/2005 and 22/08/2005 passed by the defendant Nos. 1 to 4 back and behind without hearing the plaintiff as null and void.”

In the said Regular Civil Suit petitioner herein filed application under Section 9-A of Civil Procedure Code, and prayed for framing issue of jurisdiction under Section 59-A of Civil Procedure Code and it be tried first. The original plaintiff filed say