1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.684 OF 2010 Abdul Samid Taher Mohammad since deceased per legal representatives Raziyabegum Abdul Samad and others. ..Petitioners V/s Shrikrishna Madhavrao Purnapatra and others. ..Respondents ......... Mr.A.A. Khan, Advocate for petitioners. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 17th June, 2010. PER COURT : 1. Heard. 2. The petitioners challenge the order dated 30th December, 2009 rendered by the learned Joint Civil Judge (J.D.), Kannad, on application filed by the respondents for framing of issues. The learned Civil Judge directed framing of issues as per the application because the contention of the respondents was that previously the petitioner had filed Suit (R.C.S. No.241/1995) which was withdrawn on 04.10.1997, and therefore, the subsequent suit pertaining to the same subject matter was not maintainable in as much as there was bar created under Order 23 Rule 1 of the Civil Procedure Code. The trial Court has only framed the issue but it 2 has not directed that it shall be tried as a preliminary issue. No substance in the grievance ventilated by the petitioners in this Petition. Writ Petition is dismissed. (V.R.KINGAONKAR) JUDGE gas/wp684.10