Vasantrao Bhimrao Jagdale v. Vaishali Keshav Shende And ORS

12-WP.11363.2024.doc Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11363 OF 2024 Vasantrao Bhimrao Jagdale } Petitioner versus Vaishali Keshav Shende & Ors.

} Respondents JAYANT VISHWANATH SALUNKE JAYANT VISHWANATH SALUNKE Date: 2025.07.09 15:22:05 +0530 Mr. Laxman Deshmukh i/b. Mr. Rupesh Zade for petitioner.

CORAM:

ALOK ARADHE, C. J.

DATE:

JULY 8, 2025 ORAL ORDER:

1.

In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 14th December 2023 passed by Civil Judge, Senior Division, Baramati, by which application preferred by the petitioner/defendant under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 has been rejected.

2.

I have heard learned counsel for the petitioner. 3.

On an objection with regard to maintainability of the suit which was filed seeking relief of declaration, was taken on the ground that the same is barred by limitation. 4.

The averments made in the plaint prima facie disclose that the same is barred by limitation, therefore, the issue whether or not the suit is barred by limitation is a mixed question of law and fact. Therefore, the same ought to be decided after recording evidence of the parties.

12-WP.11363.2024.doc 5.

Therefore, in the facts and circumstances of the case, the impugned order dated 14th December 2023 is set aside and the Trial Court is directed to frame an issue with regard to maintainability of the suit as being bared by limitation. The Trial Court shall decide the suit without being influenced by the observations contained in the order dated 14th December 2023. 6.

With the aforesaid directions, the writ petition is disposed of.

(CHIEF JUSTICE)