Writ petition filed to direct lower court to frame limitation as a preliminary issue in an election petition barred by limitation, aiming to avoid long trial.
Writ petition disposed.
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1 wp 871.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 871 OF 2013
Radha Gokul Bondve .. Petitioner Versus Sunita Digambar Chavan and others .. Respondents
Shri C. V. Thombre, Advocate for the Petitioner. Shri A. A. Nimbalkar, Advocate for Respondent Nos. 1 and 2. Shri M. B. Bharaswadkar, Advocate h/f Shri R. R. Imale, Advocate for Respondent Nos. 3 and 4.
CORAM : S. V. GANGAPURWALA, J. DATE : 06TH FEBRUARY, 2013.
PER COURT :
. The application was filed by the present petitioner for framing an issue of limitation and for trying the same as preliminary issue.
2 wp 871.13
on 18.01.2013 and issue of limitation has not been framed. The learned counsel further contends that if the issue of limitation is framed and tried as preliminary issue, then the long drawn trial would be avoided. The Trial Court has rejected the application on wrong premise.
6. The writ petition accordingly is disposed of.
[ S. V. GANGAPURWALA, J. ]
bsb/Feb. 13
2 issues framed by the court
Whether an election petition barred by limitation should be framed as a preliminary issue to avoid a long trial.
Whether the lower court correctly framed the issue of limitation in the election petition.
Radha Gokul Bondve
Sunita Digambar Chavan
S. V. GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
