By an order dated 26th July, 2012 passed by this court, two issues were framed under section 9A of the Code of Civil Procedure, 1908 in Notice of Motion NO. 1157 of 2011. In view of the issues framed under section 9A of the Code of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties were given opportunity to lead oral evidence on the jurisdictional issues framed by this court. Learned counsel have addressed on those issues which are answered by this court in the later part of the judgment.

2. Plaintiff is the brother of defendant no.1. defendant Nos.2 and 3 are the companies incorporated under the provisions of the Companies Act, 1956. According to the plaintiff, defendant nos. 2 and 3 have been impleaded as party defendants as they were unlawfully claiming their purported respective rights and/or claims in the suit property consisting of immoveable property situated in Mumbai and described in Ex.A to A2 of the plaint.

3. The plaintiff and the 1st defendants are the sons of Mr. Lachmandas S.Aswani who died intestate at Mumbai on 18th October, 1985 leaving behind him the plaintiff and defendant no.1, wife of the said deceased and three married daughter