High Court assisted the appellant in dismissing a revision application challenging the trial court's rejection of a limitation plea. The court found no merit in the appeal as the suit was instituted after refusal of notice.
Civil Revision Application No. 652 of 2015 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRA652_15.sxw
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.652 OF 2015
Ganesh Vishnu Tawar since deceased through LRs Umesh Vishnu Tawar and others … Applicants Vs. Anandrao Jagaru Jamale and others … Respondents
Mr. Kalpesh Patil for Applicants.
CORAM : R. G. KETKAR, J. DATE : DECEMBER 1, 2015
P.C. :
Heard Mr. Patil, learned Counsel for applicants at length.
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CRA652_15.sxw
Mr. Patil. Perusal of application shows that applicants did not challenge the order dated 04.09.2014 passed by the learned trial Jude framing preliminary issue. That apart, plaintiffs had issued notice on 20.10.2008. Though defendants No.1 to 6 received that notice, they did not give reply. Apart from that, before institution of the Suit, plaintiffs issued notice in the year 2013, and thereafter instituted the present Suit. Mr. Patil could not point out that after refusal of defendants No.1 to 6, plaintiffs did not institute Suit within 3 years from the date of refusal, and therefore, in view of Article 54, Suit is barred by limitation. In view thereof, I do not find any merit in this submission. The learned trial Judge will however consider this aspect at the time of deciding the Suit finally. Subject to that, Petition is dismissed.
Minal Parab
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2 issues framed by the court
Whether the High Court is justified in dismissing the Civil Revision Application challenging the rejection of the plea of limitation bar in a suit for specific performance.
Whether the suit is barred by limitation under Article 54 of the Limitation Act given the notice issuance dates and suit institution.
2 provisions across 1 enactments
Ganesh Vishnu Tawar since deceased through LRs Umesh Vishnu Tawar and others
Anandrao Jagaru Jamale and others
R. G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
