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2013 Supreme(Bom) 2424

R.M.SAVANT
Mumbai International Airport Pvt. Ltd. – Appellant
Versus
Edward alias Adward Paul Machado – Respondent


Advocates Appeared:
For the Petitioner:Vineet Naik Senior Advocate with Ms Shoma Maitra, Prabhav, Shroff i/b Wadia Ghandy & Co., Advocates.
For the Respondents:R1, S.U. Kamdar, Senior Advocate with Vishal Kanade i/b Negandhi Shah & Himayatullah, R2, Rakesh Singh i/b M. V. Kini & Co., R3, D.P. Singh, Advocates.

Judgment :

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

2. The Writ Jurisdiction of this Court under Article 227 of the Constitution of India, is invoked against the order dated 1-3-2013, passed by the Learned Judge of the City Civil Court, Dindoshi, Mumbai to the extent it decides the application raising the issue of limitation and questioning the inherent jurisdiction of the City Civil Court, Bombay to entertain the Suit, is concerned. By the said order, three issues were decided namely the pecuniary jurisdiction of the City Civil Court, Bombay to entertain the Suit, the issue of bar of limitation and the inherent jurisdiction of the City Civil Court Bombay. As indicated above the challenge is restricted to the decision rendered on the two other issues other than the issue of pecuniary jurisdiction.

3. The Respondent No.1 herein is the original Plaintiff who has filed the Suit in question for an injunction apprehending that the Petitioner/Defendant, as also the other Defendants to the Suit would dispossess him from the suit property. The Plaintiff by way of an amendment vide Chamber Summons No.513 of 2011 which was allowed










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