1 Wp no.3320/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3320 of 2010 Amrut Rakhamasa Kshatriya ... Petitioner versus Barjor Rustam (Rustamji) Joshi & ors ... Respondents ... Mr. M.S.Karnik for the petitioner. Mr.Girish Agarwal for respondent no.7. Mr.J.Shekhar for respondent no.8. CORAM : D.G. KARNIK, J. DATED : 21st July 2010 P.C. 1. By this petition, petitioner challenges the order dated 15 January 2010 passed by the 3rd Joint Civil Judge, Sr. Division, Nashik. Learned counsel for the respondent raised a preliminary objection and submitted that an appeal lies against the impugned order and consequently, writ petition should not be entertained. 2. The facts necessary for the purpose of considering preliminary objections are that the petitioner filed a suit bearing Regular Civil Suit no.205 of 2008 for specific performance, injunction and other ancillary reliefs and in the alternative he claimed refund of earnest money and 2 Wp no.3320/10 damages. Respondent contended that the suit was barred by limitation and therefore an issue regarding the limitation be framed and decided as a preliminary issue. The issue of limitation was framed as preliminary and parties were allowed to adduce evidence thereon. After consideration of the evidence adduced by the parties, the trial Court held that the suit so far as the relief for specific performance was concerned was barred by limitation but so far as relief of perpetual injunction was concerned, it was within limitation. Aggrieved petitioner has filed this writ petition. 3. The effect finding that the suit so far as the relief for specific performance was barred by limitation in effect is that the suit so far as relief for specific performance is concerned, is dismissed. Consequently, an appeal lies against the said decision to the extent to which the Court held that the suit for specific performance was barred by limitation and stood dismissed. Consequently, preliminary objection is upheld. In view of the provision for an appeal, writ cannot be entertained. Writ Petition is rejected summarily. (D.G. KARNIK,J.)