A suit seeking permanent injunction must be filed within the limitation period specified in the relevant agreement or legal provision.

JUDGMENT :

1. The affidavit-in-reply dated 27.09.2022 filed on behalf of the opponents, as tendered by learned advocate Mr.Makwana, is ordered to be taken on record.

2. RULE. Learned advocate appearing on behalf of the respondents appears and waives service of notice of rule.

3. The present Civil Revision Application has been filed seeking the following prayers:

“(a) The Hon’ble Court be pleased to admit and allow this petition;

(b) The Hon’ble Court be pleased to quash and set aside the impugned judgment and order dated 05.07.2021 passed by the Additional Civil Judge, Mahemdavad, Dist.Kheda below Exh.43 in Regular Civil Suit No.78 of 2015 and further be pleased to grant the prayers prayed for below Exh.43 in Regular Civil Suit No.78 of 2015 and thereby reject the plaint;

(c) Pending admission, hearing and final disposal of this petition, this Hon’ble Court be pleased to stay and suspend further proceedings of Regular Civil Suit No.78 of 2015 pending before the Court of Additional Civil Judge, Mahemdavad, Dist.Kheda.”

4. The parties shall be referred as per their original status before the court below.

5. The plaintiffs have instituted Regular Civil Suit No.78 of 2015 before the Court of Principal Senior Civil Judge, Mahemdavad, inter alia, praying for permanent injunction that the defendants may be directed not to dispossess the plaintiffs from the suit property. The defendants filed an application below Exh.43 in Regular Civil Suit No.78 of 2015 under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC) seeking rejection of plaint on the ground that the suit is barred by law of limitation, however, the said application below Exh.43 has been rejected by the impugned order dated 05.07.2021 passed by Additional Civil Judge, Mahemdavad. Being aggrieved by the same, the defendants have preferred the present revision application.

6. It is the case of the plaintiffs that for the suit property bearing Block/Survey No.657, Moje Karoli, Mahemdabad, Dist.Kheda, the applicant Nos.1 and 2 i.e. the original defendant Nos.1 and 2 and one Dhuliben Madhabhai executed an agreement to sell dated 10.08.1982 in favour of the plaintiffs and entire sale consideration of Rs.14,000/- was paid. It is further their case in the plaint that they are cultivating the land and are staying on the same land and since the defendants No.1 and 2 had executed a gift deed in favour of the defendant No.3 and they are threatened by the defendants with dispossession, accordingly with such averments made in the plaint, the suit is instituted seeking permanent injunction against the defendants not to disturb possession of the plaintiffs from the suit property.

7. Learned advocate Mr.Kapadia appearing for the applicants has submitted that the reliefs prayed for by the plaintiffs in the plaint are misconceived and is a clever drafting since indirectly without challenging or without seeking any directions for execution of the agreement to sell, which was executed in the year 1982, the suit has been instituted seeking permanent injunction after a period of 13 years. It is submitted by him that the plaintiffs are very well aware that if any suit for specific performance is instituted for execution of a sale deed pursuant to the agreement to sell dated 10.08.1982, the same would be barred limitation and hence, by circumventing that relief, the reliefs sought in the present suit seeking permanent injunction, is not maintainable and the plaint deserves to be returned.

8. Learned advocate Mr.Kapadia has placed reliance on the agreement to sell and has submitted that the same contains a specific date of performance i.e. 30.04.1983 and even if the case of the plaintiffs is believed that the agreement to sell is required to be executed then appropriate suit seeking such performance should have been instituted within three years from 30.04.1983 as per the date stipulated in such agreement to sell and hence, the court below has fallen in error in rejecting the application filed bel