1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 141/2008 Ashokchand Manakchand Tated ..vs.. Vanmala Kuwarlal Rai and Ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 4 th April, 2008 1. Heard Mr. Chandurkar, learned counsel for the petitioner and Mr. Chaube, learned counsel for respondent Nos. 1, 2 and 3. 2. The petition takes exception to the orders passed by trial Court below applications at Exh.-44 and 48. The application at Exh.-44 was filed by the respondents/ defendants for framing the additional issues which was allowed and six additional issues came to be framed. By application at Exh.-48, the plaintiff requested the trial Court to try above issues as preliminary issue which application was dismissed. 2 3. The impugned orders are purely interlocutory in nature. In my opinion, no prejudice would be caused to the petitioner because of framing of the additional issues and refusing to try the same as preliminary issues. There is no justification to interfere in the orders passed on the application at Exh.-44 and Exh.-48 inasmuch as the suit is at the stage of hearing and, therefore, I find no merit in the petition. 4. At the earlier stage of the suit, respondents/ defendants filed application under Order VII Rule 11 of the Code of Civil Procedure before the trial Court which was rejected and, therefore, Civil Revision Application No.8/2006 was filed by respondents before this Court. This Court dismissed the respondents' revision by speaking order passed on 07.11.2006. In this order, the Court considered the respondents' objection under Order II Rule 2 and order VII Rule 13 of the Code of Civil Procedure. Though, I have refused to interfere in the petition the 3 above order of the High Court passed in C. R. A. No. 8/2006 is required to be considered in proper perspective and the trial Court shall give weightage to it at the time of final disposal of the suit. 5. With these observations, the writ petition is disposed of with no order as to costs. JUDGE kahale