1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No. 4025 OF 2007 Dadarao Khuntaji Tayade & anr. v. Smt.Anjanabai Shrawanji Adhau & ors. _______________________________________________________________ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders Mr.N.R.Saboo Advocate for the Petitioners. .... CORAM: A.B. CHAUDHARI, J. DATED : 10 th SEPTEMBER, 2007. Heard Mr.Saboo, learned counsel for the petitioners. Order refusing to frame preliminary issue is under challenge in the present writ petitioner. The learned trial Court has observed that the suit is of the year 1999 and for all these years no such application was moved, and at the fag end of trial of the suit an application for framing preliminary issue has been moved. That application has been rejected. In other words, the trial Court has 2 decided to hear the preliminary issue at the time of final hearing of the suit. I do not find any jurisdictional error in doing so. On the contrary, when the suit is pending since 1999 the prayer for framing preliminary issue and adjudication thereon is too late, i.e. after about eight years. There is no error committed by the trial Court. There is no substance in the petition and the same is dismissed. The trial Court is directed to decide the suit as expeditiously as possible. JUDGE /TA/