Umesh H. Gandhi v. Harijitsingh D. Sohal And 9 ORS

8-NMS.2344.2012.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2344 OF 2012 IN SUIT NO.2249 OF 2012 Jasvinder Singh Dharam Singh Sohal ... Applicant (Original Defendant Nos.5 to 7)

IN THE MATTER BETWEEN

Umesh H. Gandhi ...Plaintiff V/S.

Harijitsingh D. Sohal & Ors.

... Defendants Ms. Preeti Dambre I/b. Sophia Pinto for Applicant/ Original Defendant Nos.5 to 7. Applicant in NMS/2344/2012 Mr. Mangesh S. Parte I/b. M/s. Deepak Chitnis Chiparikar & Co. for Plaintiff.

Ms. S.P. Trivedi I/b. A. Bharat & Co. for Defendant Nos.1 to 4. CORAM : B. P. COLABAWALLA, J.

DATED : 30th AUGUST, 2019.

P.C.

1.

This Notice of Motion has been fled by Defendant Nos.5 to 7 calling upon this Court to frame an issue of Limitation as a preliminary issue under Section 9A of the Code of Civil Procedure, 1908. It has been brought to my notice that by an Order dated 05.10.2012 passed in Notice of Motion Tauseef

8-NMS.2344.2012.doc (Lodging) No.2229/2012 (subsequently numbered as Notice of Motion No.88 of 2013), the preliminary issue of limitation under Section 9A has already been framed by this Court. In these circumstances, nothing survives in the above Notice of Motion No.2344 of 2012. The same is accordingly disposed of. (B. P. COLABAWALLA, J.) Tauseef