IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.798/2011 DNYANDEO SONONE & ANOR ..VS.. ANANDKUMAR GOPALDAS MOHTA AND ORS Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders Court's or Judge's orders CORAM : SMT. VASANTI A. NAIK, J. DATE : 9/3/2011. Heard Shri Mehadia, the learned counsel for the petitioner and Shri Joshi, the learned AGP for respondent no.2 to 4. On hearing the learned counsel for the parties and on perusal of the impugned order dated 20.1.2011 it appears that the trial court was perfectly justified in rejecting the application filed by the petitioner for framing and deciding the preliminary issue as regards the jurisdiction as the trial court had already proceeded with the suit and the suit was at the stage of judgment. Since the arguments of the parties were already heard and the matter was at the stage of judgment, the trial court rightly held that it was not in the interest of justice to exercise the discretion by framing an issue of jurisdiction as a preliminary issue. The trial court rightly held that the preliminary issue could have been framed at the initial stages of the proceedings, but not when the matter was almost closed for judgment. The order passed by the trial court is extremely just and reasonable and calls for no interference in exercise of the writ jurisdiction. The writ petition fails and is dismissed with no order as to costs. JUDGE SMP