- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7724 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.M.T.Pise for the ¦ Petitioner. ¦ None for the Respondents. ¦ ¦ ¦ CORAM: ANOOP V. MOHTA , J. ¦ DATED: 26TH NOVEMBER, 2008 P.C.: The Petitioner has challenged the order dated 21-6-2008, whereby in a suit for specific performance the court has refused to frame a preliminary issue about the maintainability of the suit by observing that it will be considered at the appropriate stage. Where there is a concluded contract between the parties for the specific performance on the basis of contents of visar-pavati dated 18-2-1990 in question needs detail inquiry. This - 2 - cannot be dismissed at this stage on the basis of framing preliminary issue as contended. Taking all this into account, I see there is no case made out to interfere with the same. Petition is dismissed. (ANOOP V. MOHTA, J.)