The High Court dismissed the civil appeal in limine, holding the underlying suit was barred by limitation. Consequently, the interim application was also disposed of as non-surviving.
Appeal and Interim Application Nm2478 of 2021 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.
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14-Ao-280-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 280 OF 2021 WITH
INTERIM APPLICATION NO. 2478 OF 2021
Ramesh Babaji Kadam… Appellant/Applicant
V/s.
Maharashtra Housing And Development
Authority and Ors.… Respondents
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.
CORAM : A.S. GADKARI, J.
DATE : 21st October, 2021.
P.C. :
1. Record clearly indicates that, for a cause of action which had
arisen on 20th April, 2015, the Appellant/Plaintiff filed present suit on 13th
February, 2019. Thus, the suit is clearly barred by law of limitation. The Trial
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.
2.Record further indicates that,for the cause of action arisen on
20th April, 2015, the plaintiff had earlier filed Suit No.1213 of 2013, which
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14-Ao-280-2021.odt
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was allowed to be withdrawn with liberty to file a fresh suit for same cause of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.
The plaintiff has filed present suit on 13th February, 2019, which
is clearly barred by law of limitation.
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 24th February, 2021 passed by the Trial Court.
4. Appeal is being dehors of merits, is accordingly dismissed in
limine.
5. In view of dismissal of Appeal itself, Interim Application No.2478 of 2021, does not survive and is accordingly disposed off.
Digitally signed by MANOJ R MANOJ R TANDALE TANDALE Date: 2021.10.27 10:48:39 +0530
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2 issues framed by the court
Whether the Trial Court's order dismissing the suit for lack of limitation should be interfered with on appeal.
Whether an interim application surviving the dismissal of the appeal requires separate disposal.
Ramesh Babaji Kadam
Maharashtra Housing And Development Authority
Ors.
A.S. GADKARI, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court