( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2937 OF 2010 Abhijit s/o Dilip Shah and others PETITIONERS VERSUS Dilip s/o Manoranjan Shah and others RESPONDENTS .... Mr. S.B. Ghute, advocate for the petitioners. Mrs. M.A. Kulkarni, advocate for the respondents No. 1 to 3. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 5th July, 2010] PER COURT : 1. Heard learned counsel. 2. The impugned order was passed by the trial Court on 30th September, 2008. Challenge to the said order is at belated stage after approximate couple of years. Counsel for the petitioners would submit that the petitioners are residing away from the place of trial Court i.e. at Solapur and Satara. It appears that only petitioner No. 3 resides at Satara being a married woman whereas the other petitioners are residing at Solapur which is a proximate place of district adjoining Osmanabad district. The impugned order shows that issue regarding maintainability of the suit is framed and direction ( 2 ) is given that it shall be tried as a preliminary issue. The issue so framed is thus : “Is suit tenable for non-joinder of necessary party ?” This does not seriously prejudice the petitioners. The petitioners are at liberty to file application for recalling of the issue, if any substantial ground is available. Petition is disposed of. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp2937-10