GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO.176 OF 2005 PETITION NO.176 OF 2005 PETITION NO.176 OF 2005 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- Mrs. Asha M. Bhambwani, for the Petitioner CORAM CORAM CORAM : F.I. REBELLO,J. : F.I. REBELLO,J. : F.I. REBELLO,J. DATED DATED DATED : JANUARY 24, 2005 : JANUARY 24, 2005 : JANUARY 24, 2005 P.C. . A third party had taken out Motion for interim relief. Those were being heard. The petitioner raised an issue that the suit is barred by limitation and, therefore, that issue should be treated as a preliminary issue. The Court after considering that aspect, namely that the Motion is by third party and considering the fact that the issue of limitation is a mixed question of fact and law proceeded to hear the notice of motion. I do not find that this is a fit case in these circumstances for this Court to exercise its extra ordinary jurisdiction. No interference called for. Petition rejected. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.)