SM 1 32.wp.7598.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7598 OF 2011 M/s. Ravi Ashish Developers Ltd. ....Petitioner. Versus The State of Maharashtra through Secretary, the Urban Development Department, Mumbai ....Respondent. ____________ Mr. Yogendra Sharma with A. M. Narula i/b Jhangiani Narula & Associates for the Petitioner. Mr. Shrishail Sakhare for the Respondent No. 2. Ms. Aparna Vhatkar, AGP for the Respondent No. 1-State. CORAM: R. M. BORDE, J. DATED : OCTOBER 19, 2011. P.C.: This writ petition can be disposed of by issuing certain directions to the Trial Court as regards framing of issues. An application tendered by the petitioner/original defendant for recasting of the issues has been turned down by the Trial Court. One of the issue is relating to limitation. The defendant wants the court to frame an issue as regards limitation to take cognizance of suit. The objection as regards the suit having been presented beyond prescribed time and as such barred by limitation has been raised in the Written Statement. It is obligatory on the part of the Trial Court to frame and consider the issue of limitation. 2. The Writ Petition stands disposed with a direction to the Trial Court to frame and decide the issue “Does the defendant prove that the suit is bared by law of limitation?” and the said issue of limitation shall be decided alongwith all other issues, by the Trial Court. With these directions, the Writ Petition stands disposed of. (R. M. BORDE, J.)