Bombay Taximens Co-Operative Housing Society Limited vs Pashah Begum Busheri and Ors. — Bombay HC (2025) — LawSathi Research

Bombay Taximens Co-Operative Housing Society Limited vs Pashah Begum Busheri and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief decided on merits; liberty given to the Defendant-Applicant to file a short note summarizing the submissions before the next date, and the matter stood over to November 18, 2025 under the caption 'Part Heard' to enable Mr. Tamboly to respond on behalf of the original Plaintiff.

Issue for consideration

Whether the plaint in Suit No. 326 of 2023 is barred by limitation and liable to be dealt with under Order VII Rule 9 of the Civil Procedure Code, 1908, on the Applicant's (original Defendant No.1's) objection. +2 more

Detailed headnote1 paragraphs

Interim Application No. 3827 of 2024 in Suit No. 326 of 2023 (heard with Interim Application No. 2747 of 2023), High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction (Somasekhar Sundaresan J., November 13, 2025): Bombay Taximens Co-Operative Housing Society, the original Defendant No.1, invoked Order VII Rule 9 of the Civil Procedure Code, 1908 contending that the plaint is barred by limitation. Mr. Chetan Kapadia, Learned Senior Advocate, argued that the fundamental prayers (clauses (a) and (b)) seek a declaration that the suit property belongs to the Plaintiff although the Plaintiff asserts possession throughout; that the without-prejudice prayer clause (e) is a mechanism of 'clever drafting' meant to attract Article 65 of the Limitation Act, 1963, whereas the applicable provision is Article 58; that the exchange of public notices of January 15, 2013 (Defendant-Applicant) and January 18, 2013 (Plaintiff) shows the cause of action for declaratory relief commenced in January 2013, rendering hollow the claimed discovery of infringement through an inspection of August 7, 2022; and that the Plaintiff's notice of June 22, 2018 (assertions at Page 292) likewise indicates the bar of limitation. Reliance was placed on Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366; State of Punjab v. Balkaran Singh, (2006) 12 SCC 709; and Sree Surya Developers & Promoters v. N. Sailesh Prasad, (2022) 5 SCC 736. The Court passed no substantive order: liberty was given to file a short note of submissions and the matter was stood over to November 18, 2025 as 'Part Heard' for Mr. Tamboly to respond on behalf of the original Plaintiff.

9-IA-3827-2024+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3827 OF 2024 IN

SUIT NO. 326 OF 2023

Bombay Taximens Co-Operative Housing Society …Applicant/ Limited Plaintiff

Versus

Pashah Begum Busheri And Ors.

…Defendants/ Respondents

WITH

INTERIM APPLICATION NO. 2747 OF 2023 IN

SUIT NO. 326 OF 2023

Mr. Chetan Kapadia, a/w Gauri Meshta, Vidisha Rohira, Zahid Butt, i/b LJ Law, for the Applicant in IA/3827/24 & for Defendant No.1 in S/326/23.

Mr. Hasan Mushabber, i/b Negandhi Shah & Himayatullah, for Defendant No.2.

Mr. Karl Tamboly, a/w Agnel Carneiro, Smith Colaco, Tushar Cooper, i/b Mulla & Craigie Blunt & Caroe, for Applicant in IA/2747/23, for Respondent in 3827/24 & for Plaintiffs in S/236/2023.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : NOVEMBER 13, 2025

ORDER :

This is an Application invoking Order VII Rule 9 of the Civil

Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2025.11.17 18:04:34 +0530

Procedure Code, 1908. Mr. Chetan Kapadia, Learned Senior Advocate

on behalf of the Applicant (Original Defendant) would submit that the

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plaint as drafted would clearly show that it is barred by limitation. He would submit that the fundamental prayers are prayer clauses (a) and (b). A without-prejudice prayer in prayer clause (e) has been a mechanism of clever drafting, he would submit, in order to somehow attract the provisions of Article 65 of the Limitation Act, 1963 (“ the Limitation Act ”) , whereas the applicable provision is Article 58 of the Limitation Act.

According to him the suit is hopelessly barred by limitation inasmuch as the Plaintiff has all along clearly asserted that the Plaintiff is in possession of the suit property and only seeks a declaration that the suit property is indeed his. Towards this end, Mr. Kapadia would submit that a public notice issued by the Defendant-Applicant in January 15, 2013 was reacted to by another public notice by the Plaintiff on January 18, 2013, which would show that the cause of action to seek a declaratory relief commenced there and then in January 2013.

Therefore, he would submit, the claim that an inspection conducted on August 7, 2022 led to discovery of the infringement of rights over the suit property that is in legal possession of the Plaintiff rings hollow because there was nothing to discover in 2022, when the trading of public notices in January 2013 demonstrates that the

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Ashwini Vallakati

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limitation clock had started ticking. He would also point to a notice dated June 22, 2018 issued on behalf of the Plaintiff which would indicate that even in 2018 the assertions contained therein (Page 292) would indicate that the suit is barred by limitation. He relies upon three judgements:- Dahiben v. Arvindbhai Kalyanji Bhanusali¹ , , State of Punjab v. Balkaran Singh² , and Sree Surya Developers & Promoters v. N. Sailesh Prasad³ .

Liberty to the Defendant-Applicant to file a short note summarizing the submissions before the next date. To enable Mr. Tamboly to respond on behalf of the original Plaintiff, stand over to November 18, 2025 under the caption “ Part Heard ”.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

1 (2020) 7 SCC 366

2 (2006) 12 SCC 709

3 (2022) 5 SCC 736.

Ashwini Vallakati

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Ashwini Vallakati