1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5306 OF 2008 (Bhaiyalal Zumaklal Pandey & Ors. vs. Bhandara Gramin Bank & Anr. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 18, 2008. Heard Mrs. Shinde, learned counsel for the petitioners. It is apparent that the application under Order 7, Rule 11(a) of Civil Procedure Code, was moved by pressing into service the defence raised. The consideration of the aspect by the Civil Judge, Senior Division, Gondia, is therefore, neither erroneous nor perverse. Special Civil Suit filed is of the year 2003. Mrs. Shinde, learned counsel has made a request that there was alternate prayer made to direct trial Court to frame preliminary issue about mis-joinder of parties and to decide the same before embarking upon enquiry on merits. The application has been moved on 21.7.2007 i.e. four years after the filing of suit. In the circumstances, it is appropriate that the suit is taken up on merits and decided expeditiously. 2 As the grievance is made that petitioner No.1 is 77 years old and is unnecessarily dragged into litigation, the trial Court is directed to decide the suit as expeditiously as possible and in any case by 31.12.2009. With this direction, writ petition is disposed of. No order as to costs. JUDGE *GS.