1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7627 OF 2009 Rustam s/o. Raosaheb Pund and another .. Petitioners Versus Sheshrao s/o. Dagduba Mane and others. .. Respondents. Shri V.D. Salunke, Advocate for the petitioners CORAM : B.R. GAVAI,J. DATE : 18th November, 2009. ORAL ORDER :- 1] By way of present petition, the petitioner challenges the order dated 31st August, 2009, vide which the application filed by the present petitioner for deciding the issue, as to whether the sale deed in question is hit by the Prevention of Fragmentation and Consolidation of Holdings Act, as a preliminary issue, came to be rejected.. 2 2] The learned trial court has held that such an issue would be decided after the evidence is over, alongwith the other issues. It has been further found that the application was filed after the cross examination of the plaintiffs was over. Under these circumstances, the court found that the application was an attempt to protract the trial. 4] In that view of the matter, no perversity is found with the approach adopted by the trial court. In any case, the issue which is sought to be tried as a preliminary issue, is an issue relating to a mixed question of law and fact and as such, the same cannot be decided without the evidence being led by the parties. Hence, the writ petition is rejected. [B.R. GAVAI,J.] Grt/-