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

2. The writ jurisdiction of this Court is invoked against the order dated 02/05/2013 passed by the learned Judge of the City Civil Court for Greater Bombay by which order the learned Judge has decided the preliminary issues relating to the jurisdiction of the City Civil Court and limitation, it is held that the City Civil Court does not have the jurisdiction to try and entertain the suit in question and has accordingly directed return of the plaint for being presented to the Court having jurisdiction and has directed the parties to remain present in the Cooperative Court at Bombay on 28/06/2013, it is further held that the suit as filed is within limitation.

3. The facts giving rise to the above Petition in brief can be stated thus :- The Petitioner herein is a Cooperative Housing Society. The Plot of land on which the building of the Society has been constructed is out of the land bearing CTS No.551/3 corresponding to Survey No.94 (Part) and 119(Part) of village Nahur admeasuring 5665.66 sq.yards equivalent to 4737.22 sq.mtrs. It is out of the said larger area that a plot