JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties. Perused the records. Rule. By consent, rule is made returnable forthwith.

2. The facts in brief, relevant for decision in the matter, are that the respondent No. 1 has filed a suit for a declaration and injunction being R.C. Suit No. 126 of 1995 against the petitioners and the respondent Nos. 2 to 4 in respect of the property bearing Survey No. 121/1, situated at Hadapsar, Pune. The respondent No. 1 filed an application for interim relief being Exhibit 5 which was rejected by order dated 3-1-1996. Appeal carried against the same also came to be rejected by order dated 22-1-1997. The petitioners thereafter filed a written statement raising various defences, including the point relating to bar of limitation. The issues, including the issue regarding bar of limitation were framed on 1-10-2001. The petitioners thereafter filed an application dated 12-6-2001 under section 9-A of the Code of Civil Procedure, 1908 (for the sake of brevity, hereinafter referred to as "the C.P.C.") requesting that preliminary issue of limitation be framed and decided as such. The same was allowed by the trial Court by its ord

Click Here to Read the rest of this document