FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3819/2007 (Smt. Parvatibai Haridas Ramteke ..vs.. Smt. Venubai Khobragade & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. Hussain , counsel for the petitioner Shri , counsel for the respondent . CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 05, 2009. By this petition, the petitioner impugns the order passed by the 7th Joint Civil Judge, Junior Division, Nagpur rejecting the application filed by the petitioner for deciding the issue of res-judicata as a preliminary issue. I have considered the submissions made on behalf of the petitioner and perused the application dated 9.4.2003, and the impugned order dated 21.2.2007. It is necessary to note that the suit was instituted in the year 1994 . The application for deciding the issue of res-judicata as preliminary issue was filed in April 2003. The trial court rightly held that the matter was an old one and in the facts and circumstances of the case deciding the issue of res- judicata as preliminary issue would consume a lot of time and would also protract the proceedings which were pending for almost 10 years. The trial court did not commit any error in rejecting the application in the facts and circumstances of the case. The issue of res-judicata was already framed by the trial court and the same could have been decided along with other issues which were framed by the trial court. There is no error whatsoever in the order passed by the trial court on 21.2.2007, much less a jurisdictional error so as to interfere with the same in exercise of the extra-ordinary writ jurisdiction. In the result, the petition fails and is dismissed with no order as to costs. JUDGE SMP