Dhiraj Ramchandra Soni And Another v. Darshan Anilkumar Patel And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 APEAL FROM ORDER NO. 61 OF 2017 WITH CA/14425/2017 IN AO/61/2017 DHIRAJ RAMCHANDRA SONI AND ANOTHER

VERSUS

DARSHAN ANILKUMAR PATEL AND OTHERS ...

Advocate for Appellants : Mr.S.P.Brahme Advocate for Respondent Nos.1 & 2 : Mr.P.V.Barde, Advocate for Respondent Nos.3 & 4 : Mr.M.V.Navandar Advocate for Respondent No.5 : Mr.A.R.Syed Advocate for Respondent No.6 : Mr.S.H.Tripathi ...

CORAM : M.S.SONAK, J.

DATE :

29.1.2018 PER COURT:- After this matter was heard for some time, learned counsel for the parties submitted that this appeal may be disposed of with following agreed order:-

ORDER

a) The Trial Court is directed to frame preliminary issue of limitation. The parties are permitted to lead evidence and the Trial Court is directed to dispose of this preliminary issue one way or other, within a period of three months

( 2 ) from the date of production of authenticated copy of this order.

b) The restraint imposed upon the respondents by the impugned order is to be treated as a restraint imposed by ad-interim order in terms of Section 9A(2) of the Code of Civil Procedure until the preliminary objection of limitation as aforesaid is disposed of by the Trial Court one way or other.

c) All contentions of all the parties on merits are kept open for adjudication by the Trial Court.

d) The appeal is disposed of in the aforesaid terms. There shall be no order as to costs.

e) Civil application does not survive and accordingly, disposed of.

f) The parties to appear before the Trial Court on 5.2.2018 and produce authenticated copy of this order.

[M.S.SONAK, J.] SPT