ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2817 OF 2008 PETITION NO.2817 OF 2008 PETITION NO.2817 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.M.Kamble for the Petitioners. Mr.Zoheb i/by M/s. Law Charter for Respondent Nos. 15 and 16. Mr.R.S.Patne, AGP for Respondent Nos. 3,4 and 6. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 28th November, 2008. : 28th November, 2008. : 28th November, 2008. P.C. P.C. P.C. By the impugned order, the Petitioners have challenged the order dated 1st March, 2008 whereby the Court has framed four preliminary Issues. There is no injunction application, at Exhibit 5, yet granted. The Petitioners-Plaintiffs are claiming ownership of the land and therefore, seeking declaration and injunction against the person from whom they were purchased the same. However, ( 2 ) there is an affidavit filed by the State Government, here Respondent No.6, contending that the same property is belonging to the Government. The Collector himself stayed his own earlier order. Therefore, at this stage, I am of the view that it is desirable that the Trial Court to decide all these facets first and then pass appropriate order even by framing preliminary issues if necessary. The impugned order is therefore, quashed and set aside. The Court to pass appropriate order as early as possible. The Petition is accordingly allowed. No costs. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]