1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2884 OF 2009 Purushottam s/o Dagadu Garade Petitioner Versus Sunil s/o Dashrath Vayakar & another Respondents Mr.R.S.Shinde, advocate for petitioner. Mrs.M.D.Thube-Mhase, advocate for Respondents. CORAM : R. M. BORDE, J. DATE : 21st April, 2010. PER COURT : 1 Petitioner is raising exception to the interlocutory order passed below Exhibit-31 in Special Civil Suit No.79/2007 dated 05.03.2009. 2 Petitioner - original defendant has presented counter claim on 24.09.2007 in the proceedings of suit presented by plaintiff. Defendants tendered an application and requested the Court to frame issue in respect of legality of the counter claim as preliminary issue and render decision thereon first before considering other issues. While considering application tendered by defendants, trial Court has framed issue in respect of entitlement of defendants in view of counter claim and has turned down the request for framing preliminary issue in respect of legality of counter claim. 2 3 I have perused the order passed by trial Court and heard arguments advanced by learned Counsel for respective parties. 4 The request made by petitioner - original defendant has been rightly turned down by the trial Court. The issues raised by plaintiff as well as defendants in the matter will have to be dealt with simultaneously by the trial Court in view of mandate of Order XIV Rule 2 of the Code of Civil Procedure. No interference is called for in the petition. 5 Writ Petition, therefore, stands rejected. ( R. M. BORDE) JUDGE adb/wp288409