KASHIBAI Vs. PADMA PATIL

JUDGEMENT

(1.) THIS is an application challenging the decision pf the trial Court not to treat an issue as a preliminary issue and decided it as such.

(2.) ADMITTEDLY , the applicant had moved before the trial Court earlier for framing of a preliminary issue on the point whether the suit was hit by the Benami Transactions (Prohibition) Act, 1988. That revision application was dismissed as not pressed as it was observed by this Court that the issue framed in the suit cover other issues framed by the Court. After that applicant again applied for trying the issues of the suit being hit by the Benami Transactions (Prohibition) Act, 1988 as preliminary issue. The Court has rejected this application and this revision application is filed against the same.

(3.) THE revision application is dismissed with costs. Costs quantified at Rs. 300/ -.