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2014 Supreme(Bom) 422

U.V.BAKRE
Nikshita J. Naik alias Nikshita Dilip Sawant Dessai – Appellant
Versus
Maria de Jesus D’Souza – Respondent


Advocates Appeared:
For the Appellants:P.A. Kholkar, Advocate.
For the Respondents:N. Sardessai, L. Raghunandan, Advocates.

JUDGMENT

1. Heard Mr. Kholkar, learned Counsel appearing on behalf of the appellants and Mr. Sardessai, learned Counsel appearing on behalf of respondents.

2. Admit on the following substantial question of law:-

(i) Whether the suit for Mandatory and Permanent Injunction is maintainable when the title of the plaintiffs has been disputed.

(ii) Whether the Appellate Court committed illegality in holding that the suit filed by the plaintiffs is not barred by the law of limitation when new relief sought by the plaintiffs by way of amendment in the year 2010 was barred by limitation.

(iii) Whether the Appellate Court overlooked the document viz. inventory proceedings no.187/1909, Exhibit c-112 colly which states that the suit property which is described under item no.3 and which is further divided into plots 'C' and 'D' were allotted to Ana Luiza and Serafine Antonio Francisco and not to the plaintiffs and that the plaintiffs did not have right, title or interest in the suit property.

(iv) Whether the suit can proceed after the amendment application is allowed, without affording opportunity to the defendants to file additional written statement or without affording opportunity to the new



























































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