1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2592/2008 (Pawanputra Janjivan Samasya Bhumi Vikas Gruh Nirman Sahakari Sanstha Maryadit vs. Sadashiv Domaji Kanfade and others ) CORAM : B.P.Dhamadhikari, J. DATE : 5 th DECEMBER, 2008 After hearing the parties, it was felt that issue of limitation ought to have been left open by the Trial court instead of concluding it in impugned order dated 22.4.2008. Learned counsel appearing foer the parties are also ready to the same. Accordingly, the following order has been passed by consent. (1) The issue of limitation raised by original plaintiff (present petition) in respect of filing of counter claim or raising of challenge to sale deed dated 23.2.1996 shall be decided by 3rd Joint Civil Judge, Senior Division, Nagpur, while final adjudication of the issue in suit and counter claim, after parties complete their respective evidence. (2) The impugned order dated 22.4.2008 shall 2 not come in its way for undertaking the exercise above mentioned. Order accordingly. No order as to costs. JUDGE Rvjalit