-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.509 OF 2008 In NOTICE OF MOTION NO.4507 OF 2006 In SUIT NO.1861 OF 20O2 Dhirajlal Raishi Chheda & Anr. : Appellants (Orig.Defendants 1&2) V/s. Raishi Shivji Chheda & Ors. : Respondents ... Mr.Y.S.Sanglikar i/b. Mr.G.S.Bhatt for the appellants. Mr.G.H.Shukla for the respondents. ... CORAM : S.A.BOBDE & A.A.SAYED,JJ. DATE : MARCH 23, 2009. P.C. Admit. Mr.Shukla for the respondents waives service. Heard finally by consent. 2. After hearing the matter for sometime, the following order is passed by consent:- -: 2 :- O R D E R (i) The learned trial Judge may try the issue of limitation and jurisdiction first as provided for under Order XIV Rule 2 of the C.P.C. The suit may be decided, as expeditiously as possible. No other interference is called for with the order in the appeal. (ii) Appeal is disposed of in the above terms. (iii) The learned counsel for the respondents states that the respondents will file an affidavit of evidence within a period of two weeks from 17.4.2009. S.A. BOBDE, J. A.A. SAYED, J.