(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3366 OF 2011 Ramchandra s/o. Gangadhar Somani, Age : 76 years, Occupation : Agriculture, R/o. Soygaon, Taluka : Soygaon, District : Aurangabad, .. Petitioners and another. (Original plaintiffs) versus Narayan s/o. Rama Gavali, Age : 85 years, Occupation : Agriculture, R/o. Galwada, Taluka : Soygaon, District : Aurangabad, .. Respondents and 3 others. (Original defendants) ....................... Mr. U.S. Malte, Advocate, for the petitioner. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 5TH MAY 2011 COURT'S ORDER : 1. Heard Adv. Mr. U.S. Malte, for the petitioners / (2) plaintiffs. 2. Apart from finding the challenge being stale, I also find that trial court has only accepted request of respondent / defendant and framed preliminary issue. The issue is not answered either way. Hence, as yet, no prejudice is caused to the petitioners. 3. Second contention is, hearing on application at Exhibit 5 is being unnecessarily delayed. The petitioners can invite attention of trial court to relevant provisions and seek urgent orders pointing out the necessity thereof. 4. Hence, with that liberty to the petitioners / plaintiffs, present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp3366