1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A.St.No.13500/09 with C.A.No.13501/09 In W.P.No. 1003/2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The order dated 30.6.2009 is rendered on merits in respect of the amendment application which was rejected by the trial Court. It can not be recalled unless appropriate Review Application is filed. Faced with this difficulty, learned senior Counsel Mr.Shah would submit that liberty may be granted to file a separate suit in respect of the properties which were sought to be included in the suit claim before the trial Court by way of amendment application. Mr.Deshmukh, learned advocate would submit that if such liberty is granted, the earlier litigations, which came to logical end due to judicial decisions, are likely to be revived. 3. At this juncture, it may not be possible to contemplate whether the litigation decided earlier is likely to be revived or that the future claims put forth by the petitioners would be barred by principle of res-judicata or U/o II Rule 2 of the C.P.C. This pre-determination of the issues which are not presently before this Court is not proper. No opinion on merits is expressed, however, liberty granted to the petitioner to file separate suits as would be permissible under the law in respect of the properties which are not covered by the suit (RCS No.212/1988). All the legal aspects are kept open. The C.As. are accordingly disposed of. (V.R.KINGAONKAR,J.) Dt.02.07.2009. asp/office/Ca13500.09