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 purchased the