1 wp 7998-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7998 OF 2010 Shaikh Anwar Ali Anees ...Petitioner vs. Momin Abdul Kalam Abdul Rahim & Ors. ...Respondents Mr.Abhijeet J. Kandarkar for the Petitioner. CORAM : B.R. GAVAI, J. DATED : JANUARY 17, 2011 P.C :- 1 By way of present petition, the petitioner challenges the Order dated 22nd February, 2010 passed by the learned 5th Civil Judge, Senior Division, Thane, vide which the application filed by the present petitioner for framing a preliminary issue has been allowed. The trial court has directed that the said issue to be decided at the stage of final hearing of the petition. 2 The petitioner takes exception to the 2 wp 7998-2010 second part vide which the learned trial court has declined to decide the issue first. 3 The perusal of the order impugned reveals that the preliminary issue has been raised at a belated stage. In that view of the matter, no perversity could be noticed to upset the order passed by the learned trial court. 4 Hence, petition is rejected. (B.R. GAVAI, J.)