LEENA CHHABAN TONDE Vs. DILIP YASHWANT PADALE

JUDGEMENT

(1.) This Writ Petition is filed by the Petitioner i.e. original Plaintiff before the learned Trial Court Trial Court to challenge the legality and validity of the order dtd. 21/4/2023 (for short 'the impugned order') passed below Exhibit '274' in Special Civil Suit (SCS) No.1387 of 2012. The original Plaintiff filed Application below Exhibit '274' seeking deletion of the issue of limitation framed by the Trial Court on the ground stated in the Application which shall be adverted to later. The Application came to be rejected resulting in filing of the present Writ Petition.

(2.) Briefly stated, some of the facts necessitated for adjudication of the present dispute are required to be considered for dealing with the merits of the impugned order.

(3.) Petitioner is the original Plaintiff who has filed Suit for partition of the suit properties by metes and bounds and for declaration that various Gifts and Sale Deeds executed in respect of the suit properties are not binding on the Petitioner. One of the contention is the fact that Gift Deed dtd. 18/12/1957 is challenged by the Petitioner in the present Suit instituted in the year 2012. However, that may not be of relevance according to the Petitioner for considering the lis in respect of the impugned order. Though it has been vehemently argued by the Respondents that the aforesaid fact needs to be considered by the Court on the aspect of limitation, but the issue before the Court according to the Petitioner is different.