Shri. Aakash Yuvraj Jadhav Through Legal Guardian-Father v. Shashikala Shankar Jadhav And ORS.

1-wp6844-2018correct.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6844 OF 2018 Aakash Yuvraj Jadhav ... Petitioner V/s.

Shashikala Shankar Jadhav & Ors.

... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2025.01.17 15:45:31 +0530 Mr. Shantanu Patil i/by Mr. Abhijit Adagule for petitioner.

Mr. Sugandh Deshmukh a/w Mr. Aniket Kanawate a/w Mr. Vaibhav Thore a/w Ms. Karishma Shinde for respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 17, 2025 P.C.:

1.

The Trial Court by the impugned order has framed an issue of limitation as preliminary issue under Section 9A of the Code of Civil Procedure, 1908.

2.

On perusal of the record, it appears that the issue of limitation being a mixed question of law and fact. 3.

In the facts of the case, the Trial Court ought to have decided such issue along with final decision of the suit. Hence, with the said clarification, the writ petition stands disposed of. No costs. (AMIT BORKAR, J.)