Writ petition was disposed of holding no case for interference. The Court directed the Trial Court to try the issue of limitation at the threshold before other issues.
Directed the Trial Court to try the issue of limitation at the threshold before other issues.
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wp-1999-15-(19)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1999 OF 2015
Suresh Mallikarjun Umadi Vs. Yallappa Vithal Ishwarkatti & Ors.
..Petitioner
..Respondents
Mr. Samit Kumbhakoni for the Petitioner
CORAM : R. M. SAVANT, J. DATE : 10th MARCH, 2015
P.C.
1 Having regard to the reasons mentioned in the impugned order dated 15-11-2014 passed by the Learned Civil Judge Junior Division, Akkalkot,
no case for interference in the Writ Jurisdiction of this Court is made out. However, though the issue of limitation is to be tried along with the other issues, the Trial Court may consider trying the issue of limitation at the threshold and try the other issues thereafter so that the parties know where they stand. With the aforesaid directions, the Writ Petition is disposed of.
[R.M.SAVANT, J]
1 of 1
mmj
1 issue framed by the court
Whether the Trial Court is directed to try the issue of limitation at the threshold?
Suresh Mallikarjun Umadi
Yallappa Vithal Ishwarkatti & Ors.
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
