1. This petition filed under Article 227 of the Constitution of India takes exception to the order dated 20.11.2017 (Annxure P-1) whereby the application filed by the petitioners/ defendants under Order 14 rules 1 and 2 CPC is dismissed by the Court below.

2. The admitted facts between the parties are that in the instant civil suit filed for declaration of title and nullifying the sale deeds, the petitioners/ defendants initially filed an application under Order 7 rule 11 CPC for dismissal of the suit on the ground of limitation. The Court below by order dated 27.2.2015 rejected the said application and said order of Court below, in absence of any further challenge, has attained finality. The petitioners defendants after completion of pleadings and framing of issues, filed an application dated 7.9.2017 (Annexure P-5) with a prayer to decide issue No. 3 as a preliminary issue.

3. Shri Aditya Adhikari, learned Senior counsel contends that issue No.3 is relating to limitation and goes to the root of the matter. The Court below should have decided the said issue as a preliminary issue. Reliance is placed on Pandurang Dhondi Chougule v. Maruti Hari Jadhav and others [AIR 1966 SC153