LAWS(BOM)-2013-2-93

UJWAL SHANKARRAO NAGESHKAR Vs. JAYSINGH RATINATH NAGESHKAR

Decided On February 22, 2013
Ujwal Shankarrao Nageshkar Appellant
V/S
Jaysingh Ratinath Nageshkar Respondents

JUDGEMENT

(1.) Since the above Petitions involve identical facts and also a identical challenge, they are clubbed together and heard. Rule in all the above petitions, with the consent of the learned counsel for the parties, made returnable forthwith and heard. For the sake of convenience, Writ Petition No.6383 of 2012 is treated as the lead matter.

(2.) The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 11.06.2012 passed by the learned 6th Joint Civil Judge, Senior Division, Kolhapur by which order application Exhibit 33, (similar applications in other matters) came to be allowed and a preliminary issue to the following effect was framed viz. "Whether the Court has jurisdiction to try and entertain the suit -

(3.) The Petitioner abovenamed is the original Plaintiff in Special Civil Suit No.425 of 2011 filed by him against the Respondents to the above petition. The said suit has been filed for recovery of money against the Respondents. In so far as Special Civil Suit No.425/2011 is concerned, the amount claimed is an amount of Rs.1,62,74,762/- and an amount is also claimed on account of paintings. The amounts claimed are different in each of the suits as also the amounts on account of the paintings.