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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Shailesh P.Brahme
Sandeep Construction and Developer – Appellant
Versus
Ashish Balasaheb Thote – Respondent
ORDER :
Shailesh P. Brahme, J.
Heard both sides finally with their consent at admission stage. The contesting parties are before the Court and it was indicated earlier that revision should be decided finally which was agreed upon by the learned counsels.
2. Applicants are questioning order dated 03.05.2024 passed below Exhibit 21 in R.C.S. No. 1688 of 2022 declining to reject the plaint. The respondent Nos. 1 and 2 are original plaintiffs in R.C.S. No. 1688 of 2022 filed for the relief of partition, separate possession, declaration and injunction.
3. The applicants are original defendant Nos. 11, 10 and 15 respectively. The respondent Nos. 1 to 4 are related intere-se which is evident from genealogy mentioned in para No. 2 of the plaint. The subject matter is 09 Acres 45 Guntha land of gut No. 24 situated at village Nakshtrawadi, albeit total area of land is 11H 37R. The parties are referred by their original status in the suit.
4. The plaintiffs are the grand children of the defendant No. 1. The plaintiffs and the defendant Nos. 1 to 4 constitute a branch of which the subject matter is undivided property. It is pleaded in the plaint that defendant No. 1 – Appasaheb was not the exclusiv
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
The main legal point established in the judgment is the need for a meaningful reading of the plaint, scrutiny of the cause of action, and prevention of illusory causes of action to avoid circumventin....
The court emphasized that questions of limitation and cause of action are mixed issues of law and fact best resolved at trial, not at the application stage.
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 limitation period for a suit for partition and declaration that certain sale deeds are not binding is under Article 109 of the Limitation Act, and it starts running from the date of possession of....
The court found that vague allegations of fraud do not suffice to circumvent established limitation periods, and a registered deed remains binding unless disproven by specific and detailed allegation....
A plaint can be rejected under Order VII Rule 11 of the CPC if it is manifestly vexatious, does not disclose a clear right to sue, and is barred by limitation, particularly when the plaintiff does no....
The daughters of a coparcener have no locus to question alienation made prior to the Hindu Succession (Amendment) Act, 2005, and the court can reject a plaint if it is manifestly vexatious and withou....
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