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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Civil Revision Application No. 75 of 2024 – Appellant
Versus
Andrew David Fernandes – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Narvankar, learned Advocate for Applicants; Dr. Chandrachud, learned Advocate for Respondent No. 1 and Ms. Desai, learned Advocate for Respondent No. 15. None present for the other Respondents.
2. Applicant No.2 - M/s. Mahabharat Builders in the Civil Revision Application (CRA) is Defendant No. 15 in the suit. Principal contesting Respondent is Respondent No.1 who is Plaintiff in the Suit. Plaintiff filed the suit on 02.05.2023 seeking a declaration that the registered Sale Deed dated 20.03.1969 executed between grandfather of Plaintiff and one Shankarrao Parshuram Jadhav, predecessor-in-title of Defendant No. 1 to 10 and another registered Sale Deed dated 15.04.2008 executed between Defendant No.1 to Defendant No.10 and Defendant No.11 to Defendant No.15, be declared illegal, null and void and not binding on Plaintiff and be cancelled and set aside.
3. Defendant No. 11 to 15 filed Application below Exhibit [-] under Order VII Rule 11 (a) and (d) of the Code of Civil Procedure, 1908 (for short "CPC") for rejection of the Suit Plaint. By the impugned order dated 29.11.2023, learned Trial Court dismissed the Application on the ground of no cau
A suit seeking declaratory relief under the Limitation Act must be filed within the stipulated period, failing which it is liable for dismissal, irrespective of the praying party's claims of ignoranc....
A suit for declaration is barred by limitation if filed significantly after the cause of action arose, and must contain sufficient particulars to establish a valid claim.
The court ruled that the plaintiff's suit was timely as she only discovered the fraudulent sale deed in October 2023, emphasizing that limitation is a mixed question of fact and law.
(1) There is presumption that a registered document has been validly executed – Registration of a document gives notice to public about such registration.(2) A person cannot after an indefinite perio....
A suit filed to declare a sale deed null and void is barred by limitation if not filed within three years from the date of registration, and must disclose a valid cause of action.
The main legal point established in the judgment is that a suit can be rejected under Order VII Rule 11 of the CPC if it is found to be manifestly vexatious and without merit, and does not disclose a....
powers under Section 84-C of the Act will have to be exercised within reasonable time. The question then would arise what would be the reasonable time for exercise of such powers and what would be it....
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
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