- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No. 314 OF 2010 Ibrahim Suleman Darvesh & Ors. .. Applicants Vs. Vishal Kaialsh Kamble & Ors. ..Respondents Mr. Dhakephalkar, Sr. counsel a/w Ms. Sneha Phene and Ms. Sonam Bohra i/b Little & Co.for the Appellant. Mr. K. Y. Mandlik, for the Respondent. CORAM : R. C. CHAVAN, J. DATED : JUNE 24, 2010. P.C. : 1. By this application, applicants who are defendant Nos. 26 to 29 and 31 in Special Civil Suit No. 210 of 2010 questions the order passed by the 3rd Jt. Civil Judge, Sr. Divn., Pune, below the application (Exh.99), filed in Special Civil Suit No. 201 of 2010, whereby he rejected the application holding that applicants had failed to make out a case for framing the preliminary issue. 2. Both the learned counsel agree and state without prejudice to the rights of their clients, that since the application was only for - 2 - framing of preliminary issue, the impugned order may be set aside and the learned Judge be directed frame the preliminary issue and decide the same afresh, after hearing the parties. Accordingly, the impugned order is quashed and set aside and the learned Judge is directed to frame the preliminary issue and decide the application (Exh. 99) afresh, as expeditiously as possible, and preferably within a period of one month, from the date of receipt of intimation of this order. Sd/- [R. C. CHAVAN, J.]