Sanjay Yashwant Nikam And ANR v. Zunjarao Ashok Khandekar

2026:BHC-AS:18921 48 wp 4930 of 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4930 OF 2026 Sanjay Yashwant Nikam and Anr.

...

Petitioners versus Zunjarao Ashok Khandekar ...

Respondent Mr. Vikram S. Undre (through VC) for Petitioner. CORAM: N.J.JAMADAR, J.

DATE :

20 APRIL 2026 P.C.

1.

Heard the learned Counsel for the Petitioners. 2.

When the Court expressed its disinclination to entertain the Petition, learned Counsel for the Petitioners submits that the Petitioners have raised a specific defence of bar of limitation to the suit and the trial Court may be requested to frame and decide the issue of limitation. 3.

In view of the aforesaid statement, the Petition stands disposed. 4.

If from the pleadings and the material on record, the question of bar of limitation to the suit crops up for adjudication, the trial Court is requested to frame an issue of bar of limitation to the suit and decide the same at the stage of final adjudication.

5.

All contentions of all the parties are kept open for consideration and the disposal of this Petition may not bear upon the final adjudication of the suit. ( N.J.JAMADAR, J. ) SSP 1/1 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 22/04/2026 11:45:21