1. Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for the Petitioners and Respondent No.1.

2. By this Writ Petition filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 6th October 2017 passed by City Civil Court Mumbai in Notice of Motion No.3049 of 2017 in S.C. Suit No.1295 of 2017.

3. The said Notice of Motion was preferred by the Petitioners, who are appearing in the trial Court as Defendant Nos.1 to 3, 5 and 6 for framing framing of preliminary issue under Section 9A of Code of Civil Procedure, on the ground that, the City Civil Court has no jurisdiction over the subject matter of the suit and the subject matter of the suit stands covered under the provisions of Section 7(1)(b) Explanation (d) of the Family Courts Act, 1984.

4. It is submitted by learned Counsel for the Petitioners that the present suit is filed by the Respondent No.1 herein seeking the relief of declaration that she is a legally wedded wife of deceased Ali Asgar Bhanpurwala and she is also one of the legal heir. She has also sought the relief of direction, injunction and partition. Her entire claim is based on her mar