1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7803 OF 2009 Ashok Ganpatrao Patil ...Petitioner vs. Krushnabai Baburao Mane & Ors. ...Respondents Mr.P.R.Arjunwadkar for the petitioner None for the respondents CORAM :A.S.OKA,J. DATE : OCTOBER 6, 2009 P.C. 1 The petitioner who is the third defendant by filing this writ petition under Article 227 of the Constitution of India has challenged the order by which the trial court declined to try the issue of limitation and issue of res judicata as preliminary issues. The learned counsel for the petitioner submitted that the said two issues can be decided only on the basis of the documentary evidence. He placed reliance on the decisions of this court in case of Deepak Dhansingh Vs.Girish Damodar [2005 (3) Mh.L.J 1009] as well as Sudesh w/o Sushilkumar Handa Vs. Abdul Ajiz s/o Umarbhai and another [2001 (1) Mh.L.J. 324]. 2 The trial court has observed that the issues were settled in the year 2003 and the suit is ready for final hearing. The application on which the impugned order has been passed was filed by the petitioner on 18 th December 2 2008. Considering these aspects, the trial court has refused to exercise discretionary power under sub rule 2 of Rule 2 of Order XIV of the Code of Civil Procedure, 1908. Considering the aforesaid facts, it is not possible to interfere with the discretionary order in writ jurisdiction under Article 227 of the Constitution of India. Writ Petition is rejected. JUDGE