1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 685 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri R.M. Nakhwa i/by Shri Vasant Dhawan Petitioner. -- CORAM : A.S.OKA, J. DATE : 3RD FEBRUARY, 2010. P.C.: . Heard the learned counsel appearing for the Petitioner. By the impugned order, the Trial Court has directed that the issue of bar of limitation shall be treated as a Preliminary Issue in exercise of powers under Section 9A of the Code of Civil Procedure, 1908. No fault can be found with the impugned order in view of the decision of a Division Bench of this Court in the case of Foreshore Co-operative Housing Society Ltd., Bombay v. Praveen D. Desai & Ors., [2009(2) Mh.L.J. 28 ]. 2. The learned counsel appearing for the Petitioner makes a grievance that the Petitioner will not have any 2 opportunity to lead evidence. There is no substance in the said grievance as the impugned order does not prohibit the Petitioner from leading any evidence. No interference is called for. The Writ Petition is, therefore, rejected. (A.S.OKA,J ) ash