RANJAN BHAUSAHEB DOMBEversusMAHESH DEVIDAS SATHE AND ORS.

                                                         47-CRA-429-2025 (C).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                      CIVIL APPELLATE JURISDICTION

               CIVIL REVISION APPLICATION NO. 429 OF 2025

Ranjan Bhausaheb Dombe                               … Applicant
                   Versus.
Mahesh Devidas Sathe & Ors.                          … Respondents


                                       -----
Mr. Anant Vadgaonkar for the Applicant.
Mr. S.B. Talekar a/w. Mr. Saurabh Veer i/b. Talekar & Associates for the
Respondent No.1.
Dr. A.A. Takalkar, A.G.P. for the Respondent Nos.2 to 10-State.
                                      -------

                                Coram :       ASHWIN D. BHOBE, J.

                                Date      :   3rd September 2026.

Oral Order :


1.    Heard Mr. Anant Vadgaonkar, learned Advocate for the Applicant, Mr.

Talekar, learned Advocate for the Respondent No.1 and Dr. Takalkar, learned

A.G.P. for the Respondent Nos.2 to 10-State.


2.    At the outset, Mr. Anant Vadgaonkar, learned Advocate for the

Applicant and Mr. S. B. Talekar, learned Advocate for Respondent No.1, state

that the contest in this Revision Application is between the Applicant

(original Defendant No.1) and Respondent No.1 (original Plaintiff). They


osk                              1 of 4
                                                          47-CRA-429-2025 (C).docx


submit that the other Respondents are formal parties and are not affected by

the outcome of this Revision Application. On the request of Mr. Anant

Vadgaonkar, learned Advocate for the Applicant and Mr. S. B. Talekar, learned

Advocate for Respondent No.1, this Application is taken up for final disposal.


3.    By this Revision Application, the Applicant has assailed the Order dated

14th July 2025 passed by the Joint Civil Judge Senior Division, Pandharpur

(“Trial Court”), by which the Application at Exhibit – 126 filed by the

Applicant in Regular Civil Suit No. 61 of 2021 is dismissed (“impugned

order”).


4.    The core of the issue is that the Applicant (Defendant No.1), by the

Application at Exhibit – 126 in Regular Civil Suit No. 61 of 2021, has sought

the framing of an issue pertaining to limitation as a preliminary issue and a

decision on the same. The Trial Court, for the reasons recorded in the

impugned order, has rejected the Application at Exhibit – 126.


5.    Mr. Anant Vadgaonkar, learned Advocate for the Applicant, on

instructions from the Applicant, states that the Applicant's limited request is

to frame the issue of limitation in Regular Civil Suit No. 61 of 2021. On

specific instructions, he states that the said issue be framed and decided on

merits after recording of evidence, along with all the other issues that may

arise in Regular Civil Suit No. 61 of 2021. To clarify, he states that though the



osk                                2 of 4
                                                            47-CRA-429-2025 (C).docx


Applicant had requested that the issue of limitation be decided as a

preliminary issue, the Applicant is withdrawing that request for a preliminary

issue.


6.       Mr. S. B. Talekar, learned Advocate for the Respondent No. 1 (Plaintiff),

states that he has no objection to the framing of the issue of limitation. He

submits that his objection is to treating the issue of limitation as a

“preliminary issue”. He states that since Mr. Anant Vadgaonkar, learned

Advocate for the Applicant, has now withdrawn the request for a

“preliminary issue”, the issue of limitation can be framed and decided on

merits after recording evidence, along with all the other issues that would

arise for consideration in Regular Civil Suit No. 61 of 2021.


7.       In view of the above, Mr. Anant Vadgaonkar, learned Advocate for the

Applicant and Mr. S. B. Talekar, learned Advocate for Respondent No. 1,

consent to framing the following as one of the issues in Regular Civil Suit No.

61 of 2021:-


             Issue :-   “Whether the suit filed by the Plaintiff is within the
                        period of limitation ?”



8.       At the request of Mr. Talekar, learned Advocate for Respondent No. 1

(Plaintiff), it is clarified that the afore said this issue shall be tried and



osk                                   3 of 4
                                                                                47-CRA-429-2025 (C).docx


                      decided along with the other issues that the Trial Court would frame in

                      Regular Civil Suit No. 61 of 2021 on merits, i.e. after recording the evidence

                      of the parties.


                      9.       Civil Revision Application No. 429 of 2025 is disposed. No orders as to

                      costs.



                                                              [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.04
           10:55:32
           +0530




                      osk                                 4 of 4