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2022 Supreme(Online)(Bom) 2342

HIGH COURT OF BOMBAY
R.I. Chagla, J
Ramesh Mali – Appellant
Versus
M/s Samrat Associates & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Chetan Kapadia, Chaitanya Chavan, Rahul Singh, Pranali Raut
For the Respondents: Naushad Engineer, Shreya Jha, Hemang Raythattha, S.M. Seegarla, Shalaka Chamboowala, Swapnil Shikhare, Mayur Khandeparkar, Vikranmjit Garewal, Priyanka Fadia, Shashank Fadia, Ankit Lohia, Aditi Bhat, Kunal Parekh, Nirali Shah, Rohan Agarwal, Prabha Badadare, Bhavin Gada, Manshi Shah

ORAL JUDGMENT :

1 The Interim Application (L) No.2566 of 2022 is filed by Original Defendant Nos.2, 5, 6 and 7 to the captioned Suit whereas Interim Application (L) No.3696 of 2022 has been filed by Original Defendant Nos.1 and 3 to the Suit and Interim Application (L) No.4569 of 2022 has been filed by Original Defendant No.10 on behalf of Defendant Nos.10 to 12 to the Suit. All the Interim Applications are filed under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908 seeking rejection of plaint on the ground that the Suit is barred by limitation. They are being disposed of by this common judgment.

2 There are certain facts in the plaint which are necessary to be adverted to. The Plaintiff’s father namely late Pandurang Barkya Mali was the owner of the suit properties. By a purported agreement for sale dated 30.06.1974, Defendant Nos.8 and 9 who are referred to as Kanayalal Kalooji Jain (‘Jain’) and Narain Tulsidas Kanal (‘Kanal’) in the plaint, sought to purchase suit properties from the Plaintiff’s deceased father. Thereafter, Jain and Kanal entered into agreements dated 05.08.1974 and 18.09.1974 with late J.N. Agarwal (predecessor of Original Defendant Nos.10 to 12) in

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