1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 4053 OF 2011 Alfred SebastianD’Aguiar (since deased) & Others ...Petitioners Versus Felix S. D’ Aguiar & Others ...Respondents Mr.S.A.Jabbar i/b. Tanvir Shaikh for the Petitioner Ms. Severine Volado for the Respondent Nos.1, 2A, 2B and 3A to 3E CORAM:- R.Y.GANOO, J. DATED:- 21st SEPTEMBER, 2011. P.C. 1. Rule. 2. Rule made returnable forthwith. Learned Advocate Ms. Volado appearing on behalf of respondent nos.1, 2A, 2B and 3A to 3E waives notice. These respondents are plaintiffs and contesting respondents. 3. Heard learned Advocates on both sides, 2 4. Respondents, Defendant Nos.1 (a) to 1(f) had filed an application in the City Civil Court in Short Cause Suit No.1689 of 2003 praying that the additional issue as regards limitation should be framed. I have perused the impugned order which is annexed to the petition dated 6.5.2011. 5. Learned Advocate for the petitioner submitted that the issue as regards limitation was framed by the learned Judge of the City Civil Court. However, he is not prepared to accept that issue as regards limitation would be practically equal to issue as regards jurisdiction of the court on the basis of the various judgments of this Court. The petitioner wants that the said issue as regards limitation be tried by the court as and by way of preliminary issue so that if the court comes to the conclusion that the suit is beyond the period of limitation, the court would be able to pass appropriate order. In so far as this aspect is concerned, if the learned Judge has framed the issue as regards limitation, in the interest of justice it would be proper to hear and dispose of the said issue first without deciding all other issues. Depending upon the answer to the said issue, other issues can be decided. 3 6. In view of the above, following order is passed to disposed of the petition. ORDER i. As the learned Judge of the City Civil Court has in Short Cause Suit No.1689 of 2003 framed the issue as regards limitation, he shall decide the said issue first and depending upon the finding given on the said issue he shall decide the future course of action to be followed. Petition stands disposed of in above terms with no order as to costs. (R.Y.GANOO, J.)