1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition NO.2763/2010 Nitin B. Kadam and another Vs. Sau. Savita A.Dode and another. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. V. M. Deshpande, Advocate for the petitioners. CORAM: B.P.DHARMADHIKARI, J. DATE : 22nd JUNE 2010. 1] Heard Advocate Deshpande for the petitioners. 2] He contends that Regular Civil Suit No.315/2004 was loosely drafted and hence it is dismissed in default has no bearing on Special Civil Suit No.241/2009. According to him, both suits are based upon distinct causes of action and hence, application under Order VII Rule 11 of the CPC as filed, could not have been allowed. He further contends that limitation is mixed question of law and fact and even on that count, the present suit i. e. Special civil Suit No. 241/2010 could not have been dismissed. 3] I have perused the impugned order as well as plaints in both the matters. The trial Court has very well appreciated the controversy and has found that knowledge was acquired by the petitioners on 7.9.2004 itself. Not only this, during arguments, it has been informed to this Court that steps to revive Regular Civil 2 Suit No.315/2004 are already taken. 4] I, therefore, do not find anything wrong in the application of mind by the trial Court. No case is made out to entertain the writ petition. Hence, writ petition is dismissed. No costs. JUDGE Ambulkar.