1 wp1818.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1818 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. A.N. Nagargoje, advocate for the petitioner. 1. In a suit filed in the year 2003, the issues were framed and when the recording of evidence of plaintiff was over, the present petitioner-defendant sought adjudication of issue about maintainability of suit as preliminary issue. That application has been rejected by the impugned order on 04.03.2010. 2. Advocate Mr. Nagargoje for petitioner contends that additional issue about maintainability has been framed on 10.06.2008 and the matter was being adjourned at the request of respondent-plaintiff. According to him, as absence of suit notice under Section 101 of Multi State Co-operative Societies Act, 1984 goes to root of matter, it is unnecessary to have adjudication on other issues. 2 wp1818.11 3. As already noted, the issue to that effect has been framed on 10.06.2008 and thereafter the application for framing preliminary issue or trying that issue as preliminary issue has been filed on 29.01.2010. The trial Court has found that the suit is old and as the issue is already framed all the issues can be conveniently considered together. This order is passed on 04.03.2010. Thereafter the present Writ Petition is filed on 03.03.2011 i.e. almost after a period of one year. 4. In this situation, I am not inclined to interfere in the matter, the petition is rejected. (B.P. DHARMADHIKARI) JUDGE. 14.03.2011 gas/wp1818.11