Appeal against single judge order framed as preliminary issue of limitation to be decided first; impugned order quashed and appeal disposed without expressing opinion on merits.
Impugned order quashed and set aside; preliminary issue of limitation to be framed and decided; appeal dismissed without opinion on merits.
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14-appl 250-18
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L.) NO.250 OF 2018 IN NOTICE OF MOTION (L.) NO.23 OF 2018 IN MISCELLANEOUS PETITION NO.49 OF 2016 IN TESTAMENTARY PETITION NO.196 OF 2009 WITH NOTICE OF MOTION (STAMP) NO.513 OF 2018
Omprakash Changoiwala & Anr. ...Appellants Vs. Vishal Usha Kejriwal ...Respondent -----
Ms.Swati Sagvekar for appellants.
Mrs.Veena Thadani with Mr.Vishal Thadani, Ms.Priyanka Raul and Ms.Chaitali Gosavi for Respondent.
CORAM : NARESH H. PATIL AND G.S. KULKARNI, JJ. DATE : 11th JUNE 2018
P.C.:
The appeal impugns the order passed by the learned Single Judge on 3rd May 2018. The learned Counsel appearing for the respondent, on instructions, consents and states that a preliminary issue of limitation needs to be framed and addressed first in accordance with the order passed by this Court on 16th March 2018. The learned Counsel
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appearing for the appellants too consents for such arrangement. Both the learned Counsel pray that appeal be disposed of accordingly.
[G.S. KULKARNI, J.] [NARESH H. PATIL, J.]
1 issue framed by the court
Whether the present appeal is barred by limitation and requires a preliminary issue to be framed and decided before addressing merits.
Omprakash Changoiwala & Anr.
Vishal Usha Kejriwal
NARESH H. PATIL
G.S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
