GOVINDA GOGA DONDE Vs. MAYUR RAMESH BORA

JUDGEMENT

(1.) THIS Petition challenges the order dated 9.6.2011 passed by the learned 5th Joint Civil Judge, Junior Division, Nasik below Exhibit 62 in Regular Civil Suit No. 45 of 2011. By this order, the Court has directed framing of preliminary issue of limitation in exercise of its power conferred by section 9-A of the Code of Civil Procedure.

(2.) IN Regular Civil Suit No.45 of 2011 the Plaintiff has claimed a relief as under:

(3.) IT is urged by the learned Counsel for the Petitioner that by the impugned order, the trial court has ordered to frame a preliminary issue regarding jurisdiction of the Court to entertain, try and decide the Suit. According to him, even if the Court holds that the Suit is barred by limitation, it only disposes of the part of the cause of action and the Suit survives in respect of the relief in prayer clause (b), claiming permanent injunction restraining the Defendants from forcibly dispossessing the Plaintiff and Defendant nos.4 to 8 from the Suit property. In such a situation, according to him, the trial Court had no jurisdiction to frame such an issue in exercise of its powers under section 9-A of the Code of Civil Procedure, which shall not completely dispose of the Suit.