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2026 Supreme(Online)(AP) 19709

HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI,BALAJI MEDAMALLI
Sk. Katwal Abubakar – Appellant
Versus
Abbavaram Subba Reddy – Respondent


Judgement Key Points

Key Points: - The court discusses rejection of plaint under Order 7 Rule 11(d) CPC at registration stage vs. trial, emphasizing limitation questions are generally triable issues to be determined during trial (not at once) (!) (!) . - It analyzes Article 54 of the Limitation Act, distinguishing between "date fixed for performance" and "date of notice of performance refused," and holds that the relevant date can depend on actual knowledge disclosed in the plaint rather than deemed notice from registration, requiring trial to determine applicability (!) (!) (!) (!) . - It clarifies Section 3 of the Transfer of Property Act, defining "notice," and explains that constructive/deemed notice is a question of fact to be proven with evidence during trial, not presumed at the registration stage (with emphasis on Explanations I-III) (!) (!) (!) (!) - (!) . - The judgment sets aside the order rejecting the plaint and revives the suit, stating that limitation as a mixed question of law and fact should be resolved on evidence during trial, not at the threshold (!) (!) - (!) . - The decision references several precedents regarding the stage at which limitation and knowledge are to be determined, reinforcing the principle that such issues are triable and cannot be summarily decided at registration (!) (!) - (!) .

How to determine if a plaint can be rejected under Order 7 Rule 11(d) CPC when the suit is alleged to be barred by limitation?

What is the correct starting point for limitation under Article 54 of the Limitation Act in a suit for specific performance when there is knowledge of registration of deeds?

What are the evidentiary requirements to determine the date of knowledge versus deemed notice under Section 3 of the Transfer of Property Act for limitation purposes?


* THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI * THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI A.S.No.604 of 2010 % 08.05.2026 # St. Katwal Abubakar ……appellant And:

$1. Abbavaram Subba Reddy & 9 others ….Respondents !Counsel for the appellants : Sri Sita Ram Chaparla ^Counsel for the respondent No.6 : Sri N. Rupeswar Reddy representing Sri V.R.Reddy Kovvuri ^Counsel for the respondent Nos.7 to10 : Sri S.Noor Mohammed representing Sri O.Manoher Reddy Gist:

>Head Note:

? Cases referred:

1. 2025 SCC OnLine AP 3461

2. 2026 SCC OnLine AP 485

3. (2006) 2 SCC 428 4. (2009) 5 SCC 462

5. (2016) 15 SCC 322 6. (2007) 15 SCC 174

7. (1971) 1 SCC 757

8. (2024) 15 SCC 675

9. 2024 SCC OnLine SC 4105 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * * * *

A.S.No.604 of 2010 Between:

St. Katwal Abubakar ..... APPELLANT AND Abbavaram Subba Reddy & 9 others ....RESPONDENTS DATE OF JUDGMENT RESERVED : 31.03.2026 DATE OF JUDGMENT PRONOUNCED : 08.05.2026 DATE OF JUDGMENT UPLOADED : 08.05.2026 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HONOURABLE JUSTICE BALAJI MEDAMALLI

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/

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