0811wp2399.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. WRIT PETITION NO.2399 OF 2011 Narayan Vishwanath Mhatarmare VERSUS Sau.Radhabai Laxmanrao Thakre and others ............................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................. CORAM : R. K.DESHPANDE, J. DATE : 08. NOVEMBER, 2011. Notice in this matter was issued on 26.7.2011. The parties are served. However, none appears for them. Heard Shri Joshi, the learned counsel appearing for petitioner. This writ petition challenges the order dated 1.9.2009 passed by the Civil Judge (Jr.Dn.), Manora, rejecting the application Exh.14, filed by the petitioner/defendant no.1 under order II Rule 2, under Order XXIII Rule 1(4) read with Section 151 of CPC for dismissal of the suit. The application has been rejected by the trial Court and the petitioner/defendants are directed to file written statement. The application has been rejected on the ground that the question whether the plaintiffs were abandoned their claims or whether at the time of will deed 1994 the plaintiffs shall abandon their shares are the questions which need to be decided on merits. There is no finding recorded on merits of the point nos.1 and 2 framed .....2/- 0811wp2399.11.odt 2 for determination by the trial Court in the order impugned. In view of the fact that the points are still open to be agitated while deciding the suit. It will be open for the petitioner to file an application for framing such issues as preliminary issues after the written statement is filed. The trial Court shall be at liberty to decide the same in accordance with law. With these observations, the petition is dismissed. JUDGE BrWankhede ...../-