: 1 : 7749-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7749 OF 2011 Member Secretary, Maharashtra Jeevan Pradhikaran & Ors. .. Petitioners v/s. M/s. Aireff De Tox Incineration Ltd. & Ors. .. Respondents ......... Mr. A.R. Pitale for the petitioners ......... CORAM : R.Y.GANOO, J DATE : 19th OCTOBER,2011. P.C. : 1. Heard learned advocate for the petitioners. Based on the application filed by the defendants, learned 5th Joint Civil Judge, Senior Division, Nashik framed an issue as regards limitation by order dated 6th January, 2011. That order became the subject matter of application of review being application for review Exh.38. That application was rejected by order dated 21st April, 2011 by learned 5th Civil Judge, Senior Division, Nashik. : 2 : 7749-11-wp=.sxw 2. Having heard learned advocate for the petitioners, I am inclined to observe that the review application against order dated 6th January, 2011 was itself misconceived. It could not have been entertained. Hence, the impugned order dated 21st April, 2011 cannot sustain and that is how the same is required to be set aside. 3. It is clear that the learned 5th Joint Civil Judge, Senior Division, Nashik will decide the issue framed by him by order dated 6th February, 2011 on merits. Hence, following order is passed. ORDER (i) Order dated 21st April, 2011 passed by learned 5th Joint Civil Judge, Senior Division, Nashik is set aside. (ii) The aforesaid Court shall decide the preliminary issue as regards limitation framed by it by order dated 6th April, 2011. The said exercise shall be done without getting influenced by whatever happened in the past. There shall be no order as to costs. (R.Y.GANOO, J.)