Dismissed

Ramesh Babaji Kadam v. Maharashtra Housing and Development Authority and Ors.

Bombay HC21 Oct 2021AO/280/2021

Case brief

AI extract

What is this about?

The High Court in Civil Appellate Jurisdiction dismissed an appeal and disposed of an interim application in limine holding that the underlying suit was clearly barred by the law of limitation. The court found no need for interference with the impugned order.

What did the court decide?

Appeal dismissed in limine; Interim Application No.2478 of 2021 disposed off.

Ramesh Babaji Kadam Vs Maharashtra Housing and… — Civil Procedure and Limitation | Bombay HC (2021)

¶1

Tandale

¶2

 14-Ao-280-2021.odt

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

APPEAL FROM ORDER NO. 280 OF 2021 WITH

¶6

INTERIM APPLICATION NO. 2478 OF 2021

¶7

Ramesh Babaji Kadam… Appellant/Applicant
V/s.
Maharashtra Housing And Development
Authority and Ors.… Respondents

¶8

Mr.Anilkumar T. Matle i/b. Ms. Archana P. Gaikwad for Appellant/Applicant.
Ms.Rasika Dhebe i/b. Mr.Anoop Patil for Respondent No.2.
Mr. J.Varma i/b. Mr.Ajit M.Rajgole for Respondent No.3.
Mrs.Lata Wadhwani for Respondent No.4.

¶9

CORAM : A.S. GADKARI, J.
DATE : 21st October, 2021.

¶10

P.C. :

¶11

1. Record clearly indicates that, for a cause of action which had

¶12

arisen on 20th April, 2015, the Appellant/Plaintiff filed present suit on 13th

¶13

February, 2019. Thus, the suit is clearly barred by law of limitation. The Trial

¶14

Court has rightly taken into consideration the said vital aspect of the matter
while dismissing the Notice of Motion No.1280 of 2019 filed by the Appellant
in the present suit bearing S.C. Suit No.523 of 2019.

¶15

2.Record further indicates that,for the cause of action arisen on

¶16

20th April, 2015, the plaintiff had earlier filed Suit No.1213 of 2013, which

¶17

1/2

¶18

 14-Ao-280-2021.odt

¶19

Tandale

¶20

was allowed to be withdrawn with liberty to file a fresh suit for same cause of
action, subject to the law of limitation, as mentioned in para No.13 of the
impugned Order.

¶21

The plaintiff has filed present suit on 13th February, 2019, which
is clearly barred by law of limitation.

¶22

3. As the suit filed by the plaintiff is barred by limitation, no interference is called for by this Court in the impugned Order dated 24^th February, 2021 passed by the Trial Court.

¶23

4. Appeal is being dehors of merits, is accordingly dismissed in

¶24

limine.

¶25

5. In view of dismissal of Appeal itself, Interim Application No.2478 of 2021, does not survive and is accordingly disposed off.

¶26

Digitally signed by MANOJ R MANOJ R TANDALE TANDALE Date: 2021.10.27 10:48:39 +0530

¶27

2/2

Ramesh Babaji Kadam v. Maharashtra Housing and Development Authority and Ors.

Case brief

What is this about?

What did the court decide?

Ramesh Babaji Kadam v. Maharashtra Housing and Development Authority and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dashrth Machindra Kokare Vs the State of Maharashtra

Gulab Raghunath Konde Thr. His Power of Attorney Holder Shri. Nana Gulab Konde Vs Sahebrao Raghunath Konde(Since Decd.Thr.Lrs) Shri. Kailas Sahebrao Konde and Ors.

Maharashtra State Co-Op. Marketing Federation Ltd. Bombay Vs Anandrao Haribhau Rabade

Ramesh Babaji Kadam Vs Maharashtra Housing and Development Authority and Ors.

Mrs.Priti Sandeep Patel Vs Anil Amrchand Dalmia

M/S. Tatva Corporate Solutions Private Limited Vs Jidnyasa Co-Operative Housing Society Limited