Bhaskar Waman Aarangale and Others v. Nyahabai Alias Nanyabai Vitthal Aarangale Died Thr Lrs and Others
Case brief
What is this about?
Bombay HC Aurangabad; writ petition rejected; plaint amendment allowed below Exhibit-22; R.C.S. No. 270 of 2018; Civil Judge J.D. Rahata; suit simplicitor for injunction; relief of declaration of title added on account of defendants' challenge to plaintiffs' title in written statement; challenge to registered sale-deed (printed dates vary: 14.12.2015 / 14.12.2025); limitation governed by Article 58 of the Limitation Act, three years from date of knowledge; knowledge of sale-deed asserted first in 2019; prima facie not a time-barred case; limitation issue to be framed and decided by trial Court; defendants entitled to defence on amended pleadings; appropriate issues to be framed; no costs.
What did the court decide?
Since the defendants raised a challenge to the plaintiffs' title in the written statement, the plaintiffs were required to add the relief of declaration of their title and to challenge the sale-deed in question.