S.C. DHARMADHIKARI, J.

1. This Appeal under Clause 15 of the Letters Patent challenges the order passed by the learned Single Judge of this Court dated 03rd April, 2012 on the Notice of Motion No.1548/2011 in Suit No.1173/2011. In this Notice of Motion bearing No.1548/2011 for interim relief filed in the Respondent/ Plaintiff's Suit, the Appellants/ original Defendants invoked Section 9A of the Code of Civil Procedure, 1908 as applicable to the State of Maharashtra and raised the issue of jurisdiction of this Court to entertain and try the Suit.

2. The main prayer in the Notice of Motion No.1548/2011 reads as under:

(a) That pending the hearing and final disposal of the Suit, the Defendants, their servants and agents be restrained by temporary order and injunction of this Hon'ble Court from entering upon or remaining on the Suit Flat viz. Flat No.5, Second Floor, Goolestan, 37, (East) Wing, Cuffe Parade, Bombay 400005 or any part thereof without the permission of the Plaintiff.”

3. In terms of the legal provision noted above the issue of jurisdiction of the Civil Court, if raised, has to be tried as a preliminary issue and before consideration of the prayer for interim relie