JOLLY ELEVATORS PRIVATE LIMITED Vs. J M YAGNIK

JUDGEMENT

(1.) THIS Notice of Motion is taken for injunction restraining from disturbing the possession of the Plaintiff in Industrial Shed on sub Plot 21, village Hamrapur, Taluka Wada, Dist. Thane and also injuncting defendant and their agents from creating or encumbering or creating any third party right or inducting a third person on the said sub plot No. 22, and additional plot adjoining sub plot 22 of Gut No. 26, at village Hamrapur, Taluka Wada, Dist. Thane.

(2.) IN reply to the Notice of Motion, defendant filed detailed reply disputing the contentions of the plaintiff. Among the several contentions, defendant raised jurisdictional question in para 8 contending that this Court has no jurisdiction to entertain or try this suit as the suit property is situated outside the jurisdiction of this Court and no cause of action arose in Bombay and leave of the Court ought to have been obtained under Rule 12 of the Letters Patent. For convenience, Para 5 of the affidavit in reply is extracted below :

(3.) IN view of this preliminary objection raised as to the jurisdiction of this Court, I heard the parties with regard to this objection.