1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6702 OF 2004 The State of Maharashtra through Collector, Latur and others ... Petitioners. Versus Abdul Gani S/o Khairulla Chaudhari. ... Respondent. ... Mr.K.M.Suryawanshi, advocate for the petitioners. ... CORAM : V.R.KINGAONKAR,J. Date : 16.06.2009. PER COURT 1. Heard. 2 2. The petition is filed against order rendered by the learned Civil Judge on an application (Exh.49) in suit bearing (RCS No. 42/2004). The petitioners - State objected the trial and urged the Civil Court to decide the suit on preliminary issues. The petitioners also challenged valuation and payment of Court fees made by the Respondent/plaintiff. The learned Civil Judge held that issues were already framed and the question regarding maintainability of the suit should be decided afterwards because the trial of the suit was already commenced. 3. It appears that when the impugned order was rendered on 27.7.2004, the trial had commenced. No interim stay was granted by this Court and, therefore, mostly the suit seems to have been decided by now. Even if the suit is not decided, yet, it must have come to the terminal end and, therefore, it may not be necessary to direct the trial Court to decide the same on preliminary issue. The issues raised by the petitioner can be decided alongwith the other issues as provided U/o XIV Rule 2 of the C.P.C. 3 In this view of the matter and particularly due to the delay and probability of the final disposal of the suit itself, the petition is dismissed. (V.R.KINGAONKAR,J.) asp/office/wp670204