1 Rule, with the consent of the parties made returnable forthwith and heard.

2 The subject matter of the above Petition filed under Article 227 of the Constitution of India is the order dated 11/11/2011 passed by the learned Joint Civil Judge, Senior Division, Baramati by which order Application (Exhibit-1) invoking Section 9A of the Code of Civil Procedure came to be disposed of and the operative of the order reads thus:-

“[1] The Civil Court have no jurisdiction to entertained the suit against defendant Nos.1 to 8 hence the suit is against disposed of them

[2] The suit shall proceed against defendant No.9 and 10

[3] The injunction order against defendant No.4 is vacated

[4] The suit be fixed for hearing of Exh.5 a fresh.”

A short question therefore arises for a consideration is, whether the court could have passed the order of the nature passed whilst dealing with an application under Section 9A of the Code of Civil Procedure.

3 The genesis of the suit filed by the Petitioner herein is in the measurement and demarcation of the boundaries carried out in so far as Gat No.414/2 of village Shetphalgadhe, Tal. Indapur, District Pune. The Petitioner claims to have purch