( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1723 OF 2010 Ashwini Rahul Salunke PETITIONER VERSUS Rahul Arun Salunke RESPONDENT .... Mr. Mukul Kulkarni, advocate holding for Mr. A.H. Koralkar, advocate for the petitioner. Mr. S.P. Shah, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 18th June, 2010] PER COURT : 1. Heard learned counsel. 2. The application was filed by the petitioner, raising objection that the trial of H.M. Petition No. 134/2007 may not be proceeded with and issue of res judicata may be determined as a preliminary one. The trial Court rejected the application. 3. The petitioner alleges that certain findings were recorded on similar issues in the earlier proceedings of the H.M. Petition No. 52/2002. He would submit that the respondent had filed petition for restitution of conjugal ( 2 ) rights and in that case, the trial Court, while allowing the said petition, held that the wife had deserted the respondent for more than two (2) years without reasonable cause. The issue, no doubt, appears to be of identical nature. Still, however, the divorce petition is not only on the ground of alleged desertion for more than two (2) years, but it is also on other grounds, viz. that the marriage had not been consummated and the wife was guilty of conduct amounting to cruelty. Therefore, the issue of res judicata itself may not cover the entire gamut of the controversy which also involves other issues. It is not necessary to express any opinion as regards the legal bar on account of res judicata under section 11 of the Code of Civil Procedure. The trial Court may consider the issue at the appropriate time alongwith the other issues. The trial is reportedly in the midst and affidavits are filed. The trial Court is directed to expedite the final hearing and to dispose of the H.M. Petition No. 134/2007 and to decide the same as early as possible and within period of six (6) months as far as possible. The petition is accordingly disposed of. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp1723-10