IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.9408 OF 2007 PETITION NO.9408 OF 2007 PETITION NO.9408 OF 2007 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Office Office Office Notes, Office Notes, Office Notes, Office Court’s Court’s Court’s or Judge’s or Judge’s or Judge’s Memoranda Memoranda Memoranda of Coram, of Coram, of Coram, order order order appearance, appearance, appearance, Court’s orders Court’s orders Court’s orders or or or directions & Registrar’s directions & Registrar’s directions & Registrar’s orders orders orders Mr.U.R.Mankapure Mr.U.R.Mankapure Mr.U.R.Mankapure for Petitioner for Petitioner for Petitioner Coram: Coram: Coram: S.C.Dharmadhikari, J S.C.Dharmadhikari, J S.C.Dharmadhikari, J Date: Date: Date: 7th February,2008 7th February,2008 7th February,2008 1. 1. 1. The order under challenge is The order under challenge is The order under challenge is interlocutory. interlocutory. interlocutory. At the stage on At the stage on At the stage on which which which the matter stands, the trial the matter stands, the trial the matter stands, the trial Court Court Court has not refused to take has not refused to take has not refused to take cognizance cognizance cognizance of the objection raised of the objection raised of the objection raised by by by the petitioner to the the petitioner to the the petitioner to the maintainability maintainability maintainability of the suit. That of the suit. That of the suit. That is is is an issue that would arise in the an issue that would arise in the an issue that would arise in the suit suit suit and from the Impugned order it and from the Impugned order it and from the Impugned order it is is is apparent that the trial Court apparent that the trial Court apparent that the trial Court will will will frame that issue. Refusal at frame that issue. Refusal at frame that issue. Refusal at this this this stage is not to treat the issue stage is not to treat the issue stage is not to treat the issue of of of maintainability as a preliminary maintainability as a preliminary maintainability as a preliminary issue. issue. issue. There is no reason to There is no reason to There is no reason to interfere interfere interfere with such an order. with such an order. with such an order. Petition Petition Petition is dismissed. is dismissed. is dismissed. ( S.C.Dharmadhikari, J ) S.C.Dharmadhikari, J ) S.C.Dharmadhikari, J )