(A) Mr. Anthony Creado And ORS. v. M/S. M.G. Builders And ORS.

49.8090.15-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8090/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nishant Sashidharan a/w. Trupti Shetty i/b. Dhruve Liladhar & Co. for the petitioner Ms. Sarika Mehree i/b L. J. Law for the respondent No.1.

CORAM : K. K. TATED, J.

DATE : JUNE 13, 2016 P.C.:

1.

Heard. By this petition under Article 227 of the Constitution of India the Petitioner defendant challenges the order dated 16/02/2015 passed by the Bombay City Civil Court, Mumbai below Exhibit- 5 in Suit No.3910/2011 rejecting the application made by the defendant u/s. 9A of the Code of Civil Procedure, 1908 for framing a preliminary issue on the point of limitation. 2.

The Trial Court rejected the application made by the petitioner on the ground that the question of limitation is a mixed question of law and facts. Evidence is required to be led to decide the same. Apart from that the Trial Court has Basavraj G Patil 1/2

49.8090.15-wp clearly held that when the issues are framed, the issue in question can be agitated & heard as a preliminary issue.

3.

I do not find any reason to interfere with the Writ Petition under article 227 of the Constitution of India. Hence, same stands rejected.

JUDGE Basavraj G Patil 2/2