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2011 Supreme(Bom) 174

D.Y.CHANDRACHUD, ANOOP V.MOHTA
Mukund Ltd. – Appellant
Versus
Mumbai International Airport – Respondent


Advocates appeared:
For the Appellant:Aspi Chinoi, Sr.Advocate with M.S. Oberai i/b. Ms. N.V. Sanglikar, Advocates. For the Respondents:R1, Virag Tulzapurkar, Sr.Advocate with Farid Karachiwala & Abhijieet Mhatre i/b. Wadia Ghandy & Co., R2, Pradeep Rajgopal i/b. Ms. Rekha Rajgopal, Advocates.

JUDGMENT :

(DR.D.Y.CHANDRACHUD, J.)

The First Respondent is the Plaintiff in a suit instituted against (i) the Appellant; (ii) the Airports Authority of India (the Second Respondent); and (iii) the State of Maharashtra (the Third Respondent). The First Respondent seeks a declaration that the Second Respondent is the owner of certain land and that it has been leased out to the First Respondent under a lease of 26 April 2006; that an order dated 22 June 1973 and an agreement dated 22 January 1991 executed between the Appellant and the State of Maharashtra are null and void; and an injunction restraining the Appellant from alienating the land.

2. An interlocutory motion was taken out by the First Respondent for seeking an injunction against the Appellant and the State of Maharashtra from acting upon their agreement and for restraining the Appellant from alienating the land. On behalf of the Appellant an affidavit was filed in reply to the motion inter alia contending that the suit is not maintainable on the ground that “the suit and the prayers are barred by the law of limitation”. A similar objection was raised to the maintainability of the suit in an affidavit filed on behalf of the


























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