IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 6381 OF 2008 WRIT PETITION NO. 6381 OF 2008 WRIT PETITION NO. 6381 OF 2008 Umakant G. Agarwal ..Petitioner. V/s. Aparna B. Thadhani & Ors ..Respondents. Mr D. H. Mehta i/b D. M. Legal & Asso. Advocate for the Petitioner. Mr F. E. Devitre, Sr. counsel a/w Mr J. P. Sen i/b M/s Federal and Rashmikant for Respondent No.1. Mr Pankaj Sutar i/b Khaitan & Jayakar for the respondent Nos. 2 to 5. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 18.09. 2008. DATED: 18.09. 2008. DATED: 18.09. 2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard learned counsel for the Petitioner. Perused the petition. 2. This petition filed under Article 227 of the Constitution of India is directed against the order dated 19.7.2008 passed in revision Application No. 277 of 2007 in Interlocutory Notice No. 1013 of 2007 in R.A.E. Suit No. 1579/4831/1988, whereby the Trial Court refused to frame and try preliminary issue. 3. Having seen the impugned order and the reasons recorded in support thereof, the view taken by the Trial Court is a reasonable and possible view. Needless to mention that issue sought to be suggested for trial as preliminary issue involves mixed questions of law and facts. In this view of the matter, the Trial Court has correctly reached to the conclusion that all issues will have to be tried together instead of trying them in piece meal as suggested. Since the suit is of the year 1993 the Trial Court is directed to treat the suit as "expedited". 4. In the result, the petition is dismissed in limini with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)