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Shrimant Chhatrapati Udayanraje ... vs Shrimant Chhatrapati Vijay Sinharaje ... on 9 January, 2018

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

     Diary 35592/2017
                                                         1
     ITEM NO.28                                      COURT NO.1                        SECTION IX

                                    S U P R E M E C O U R T O F            I N D I A
                                            RECORD OF PROCEEDINGS

                           SPECIAL LEAVE PETITION (CIVIL) Diary No. 35592/2017

     (Arising out of impugned final judgment and order dated 23-01-2017
     in CRA No. 544/2016 passed by the High Court Of Judicature At
     Bombay)

     SHRIMANT CHHATRAPATI UDAYANRAJE
     PRATAPSINH MAHARAJ BHONSLE & ANR.                                             Petitioners

                                                       VERSUS

     SHRIMANT CHHATRAPATI VIJAY SINHARAJE
     SHAHUMAHARAJ BHONSLE & ORS.                                                   Respondents

     (IA   No.127563/2017-CONDONATION  OF   DELAY   IN FILING and   IA
     No.127565/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.127567/2017-EXEMPTION FROM FILING O.T.)

     Date : 09-01-2018 This pmatter was called on for hearing today.

     CORAM :
                            HON'BLE THE CHIEF JUSTICE
                            HON'BLE MR. JUSTICE A.M. KHANWILKAR
                            HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

     For Petitioners
                                         Mr. Ranjit Kumar, Sr. Adv.
                                         Mr. Dilip Annasaheb Taur, AOR
                                         Mr. Amol V. Deshmukh, Adv.

     For Respondents


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Heard Mr. Ranjit Kumar, learned senior counsel for the petitioners.

Delay condoned.

The present special leave petition assails the Date: 2018.01.17 order dated 23.1.2017 passed by the High Court of 16:55:18 IST Reason:

Judicature at Bombay in Civil Revision Application No. 544/2016, whereby the High Court has directed the trial Diary 35592/2017 2 Judge to frame an issue relating to limitation and try the same alongwith other issues. However, the High Court has not set aside the finding recorded by the trial Judge, whereby he has opined that the suit is within limitation. In our considered opinion, the finding of the trial Court to the effect that suit was within limitation, deserves to be set at naught, and accordingly, we direct so.

Needless to say, as the High Court has commanded the trial Judge to frame an issue of limitation, the learned trial Judge shall frame the same and after recording evidence, shall decide the same alongwith other issues.

With the aforesaid modification in the order passed by the High Court, the special leave petition is disposed of.

Pending interlocutory applications, if any, also stand disposed of.

(Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar