JUDGMENT :

1. The State of Maharashtra on 27th June 2018, further to amend Section 9A of the Code of Civil Procedure, 1908 ("CPC" for short) in its application to the State of Maharashtra, promulgated Maharashtra Ordinance No. XVIII of 2018.

2. This Ordinance has been replaced by Code of Civil Procedure (Maharashtra Amendment Act), 2018 (Maharashtra Act No. LXI of 2018), enacted by the State legislature on 29th October, 2018 which has deemed to come into force on 27th June, 2018 (hereinafter called "First Amendment Act").

3. In Writ Petition No. 8089 of 2015, preliminary issue of jurisdiction framed and answered by the Learned 3rd Civil Judge Junior Division, Thane on 6th August 2014, holding that the Court has jurisdiction to entertain the suit, is under challenge.

4. In Writ Petition No. 12418 of 2015, preliminary issue was framed and answered by the learned Civil Judge Senior Division, Jaysingpur holding that the Court has jurisdiction to entertain the suit, is under challenge.

5. The issue in both the petitions is;

“Whether the present proceedings stands abated in view of clause-2 of Section 3 of the Code of Civil Procedure (Maharashtra Amendment Act), 2018 ?”

6. The Counsels in both