Mr. Bhagwan Laxman Kumbharkar And ORS. v. Shri. Shantaram Laxman Phadtare And ORS.

47. WP-9650-2017.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT Date: 2022.02.22 11:48:37 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9650 OF 2017 MR. BHAGWAN LAXMAN KUMBHARKAR & ORS. ....Petitioners V/s SHRI. SHANTARAM LAXMAN PHADTARE & ORS ...Respondents --- None for the Petitioners.

Mr. Aadesh V. Konde-Deshmukh i/b Mr. Prashant M. Patel for Respondent Nos. 1 and 2.

---- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 21, 2022 P.C.:- 1] None for the Petitioners.

2] Heard Mr. Konde-Deshmukh, learned Advocate holding for Advocate Mr. Patel for Respondent Nos. 1 and 2. 3] Impugned in the present Petition is an order passed by the court below on 24/3/2017 below Exhibit-47 whereby Trial Court has proceeded with hearing of the suit on merit instead of deciding preliminary issue.

4] I have perused the order impugned dated 24/3/2017. Preliminary issue is framed in relation to limitation. Trial Court is verymuch justified in observing that the issue of limitation is a mixed 1/2

47. WP-9650-2017.doc question of fact and law. Apart from above, fact remains that the order impugned dated 24/3/2017 is not stayed by this Court. As such, suit must have proceeded. Apart from above, preliminary issue was framed under Section 9A of the Civil Procedure Code which is by Maharashtra Amendment is already stood deleted. That being so, no case for interference is made out. Petition as such fails and same stands dismissed.

( NITIN W. SAMBRE, J. ) 2/2