Nishi Jaykumar Thr. Poa Ikbal Gulab Mahat and Anr. v. Subhash Sadashiv Mane and Anr.
Case brief
What is this about?
Bombay High Court, Kolhapur Circuit Bench; Civil Revision Application No. 19 of 2026; Nishi Jaykumar and another v. Subhash Sadashiv Mane and another; M. M. Sathaye J.; decided 18 February 2026; Order VII Rule 11(d) CPC application to reject plaint as barred by limitation rejected on 03.11.2025; Order XLI Rules 1 and 2 applicable at stage of plaintiffs' evidence; limitation issue to be decided first, uninfluenced by impugned order; Limitation Act article kept open; 2016 suit expedited, to be decided within one year; CRA disposed without deciding merits; no costs.
What did the court decide?
Civil Revision Application disposed of with directions: (A) Trial Court to decide the limitation issue first and then the other issues based on that finding; (B) rival contentions on limitation and the applicable Limitation Act article expressly kept open; (C) limitation issue to be decided uninfluenced by the impugned order; (D) hearing of the 2016 suit expedited, with endeavour to hear and decide it within one year; (E) parties to cooperate for expeditious disposal; (F) no order as to costs.