Smt R Vijalakshmi W/O. R. Sudarshan Reddy v. Sri S Mohammed Aslam Sab S/O Sargeru Abdul Nabi Sab
Case brief
What is this about?
CRP No. 100002 of 2024, High Court of Karnataka Dharwad Bench (NC: 2025:KHC-D:5137), Justice E.S. Indiresh, 20.03.2025 — S.115 CPC revision by defendant No.12 (Smt. R. Vijayalakshmi) against rejection of I.A.No.8 in O.S.No.94/2019 (Principal Senior Civil Judge and CJM, Ballari, order dt. 05.12.2023); held: limitation is a mixed question of law and fact, to be decided only at full-fledged trial; plea of bar of limitation and of non-maintainability of bare-declaration suit by non-possessory plaintiff (citing Vasantha v. Rajalakshmi @ Rajam, (2024) 5 SCC 282) rejected; petition dismissed; observations confined to disposal of I.A.No.8.
What did the court decide?
The question relating to limitation being a mixed question of law and fact, it requires to be considered only after full-fledged trial; taking into account the plaint averments (including that the plaintiff was unaware of the subsequent inter se sale deeds among defendants Nos.1 to 12), the Court found no merit in the petitioner's contentions and dismissed the revision petition.