1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4655/2009. ( Prakash M. Heda -: versus :- Smt. Shamla V. Khatri and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 19, 2010. Heard Shri S.B. Mohta, learned counsel for petitioner, Shri P.N. Mehta, learned counsel for respondent no. 1 and learned A.G.P. for respondent nos. 2 to 4. The Court below had framed preliminary issue and as none of the parties adduced evidence fixed it for arguments. The petitioner before this Court has expressed readiness and willingness to lead evidence. The learned counsel appearing for respondent no.1 states that, respondent no.1 has declined to adduced evidence before the trial Court on preliminary issue. In the circumstances, petitioner / plaintiff is permitted to lead evidence on preliminary issue. The impugned order dt. 25.09.2009 is quashed and set aside for the said purpose. Writ Petition is accordingly allowed with no order as to cost. JUDGE Rgd.