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Bombay High CourtCRA/361/2016

Shri. Mallu Babu Pattankude And ANR v. Shri. Bapu Shamgonda Patil

2018-02-27Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi1 pages

osk 902­cra­361­2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 361 OF 2016 Mallu Babu Pattankude & Anr.

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Applicants V/s.

Bapu Shamgonda Patil & Anr.

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Respondents • Mr.Tejpal S. Ingale a/w. Nikhil Pawar for the Applicants. • Mr.Shriniwad S. Patwardhan a/w. Sukhman Rait for Respondents.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 27th FEBRUARY, 2018.

P.C. :

1] The issue raised in this Civil Revision Application is whether the suit filed by the Respondents is within the limitation or not. After arguing the matter for some time, learned counsel for the Applicants fairly concedes that the issue of limitation being a mixed question of law and facts, the Applicants may be permitted to withdraw this Civil Revision Application with a direction to the trial Court to expedite the hearing of the suit, as the Applicant is a senior citizen, who is 76 years old.

2] In view thereof, the Civil Revision Application, stands disposed of as withdrawn, with request to the trial Court to expedite the hearing of the suit.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1