{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9433 OF 2010 Dilnoorbi Akilkhan & others Petitioners Versus Shaikh Rashid Shaikh Isak & another Respondents Mr.B.R.Kedar, advocate for petitioners CORAM : R.M.BORDE, J. DATE : 20 th October, 2010 PER COURT: 1 The trial Court has considered the issue of limitation framed in the matter as preliminary issue and recorded a finding that the suit filed by plaintiffs is within limitation. 2 Petitioners – defendants are objecting to the said order passed by the trial Court on 17.11.2009. It is the contention of defendants that the issue ought to have been, styled as to “whether the amended claim raised by the plaintiffs is within limitation”, however, trial court has framed incorrect issue. 3 If it is so, it would be open for defendants – petitioners to agitate the question before trial Court and it would be open for the trial Court to consider such an objection, if raised at an appropriate stage, while deciding the controversy raised in the suit, {2} in accordance with provisions of law. At this stage of the proceedings, in exercise of powers conferred upon this Court under Article 227 of the Constitution, no interference is called for. 4 Writ Petition stands rejected. R.M.BORDE JUDGE adb/wp943310