IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 2566 OF 2022 IN SUIT (L) NO. 29721 OF 2021 M/s Trienity Prime Property Projects LLP & Ors. ... Applicants (Org. Def. Nos. 2, 5, 6 & 7)

In the matter between:

Ramesh Mali ... Plaintiff Versus M/s Samrat Associates & Ors. ... Defendants ALONG WITH INTERIM APPLICATION (L) NO. 3696 OF 2022 IN SUIT (L) NO. 29721 OF 2021 M/s Samrat Associates and Anr. ... Applicants (Org. Def. Nos. 1 & 3)

In the matter between:

Ramesh Mali ... Plaintiff Versus M/s Samrat Associates & Ors. ... Defendants ALONG WITH INTERIM APPLICATION (L) NO. 4569 OF 2022 IN SUIT (L) NO. 29721 OF 2021 Amrishchandra Agarwal ... Applicant (Org. Def. No. 10)

In the matter between:

Ramesh Mali ... Plaintiff Versus M/s Samrat Associates & Ors. ... Defendants Mr. Chetan Kapadia a/w Chaitanya Chavan, Rahul Singh and Pranali Raut i/b M/s. Legal Catalyst for the Plaintiff.

Mr. Naushad Engineer with Shreya Jha a/w Mr. Hemang Raythattha, S.M. Seegarla, Shalaka Chamboowala and Swapnil Shikhare i/b RMG Law Associates for Defendant Nos.1, 3 and 4.

Mr. Mayur Khandeparkar a/w Vikranmjit Garewal and Ms. Priyanka Fadia i/b Shashank Fadia for Defendant Nos.2, 5, 6 and 7.

Mr. Ankit Lohia with Ms. Aditi Bhat a/w Kunal Parekh, Ms. Nirali Shah i/b Dua Associates for Defendant Nos.10, 11 (a), (b) and 12 and proposed Defendant Nos.19 and 20.

Mr. Rohan Agarwal i/b Prabha Badadare for Defendant Nos.13 to 15.

Mr. Bhavin Gada a/w Ms. Manshi Shah i/b M/s. Pravin Mehta and Mithi Co. for IA(L)/7677/2022 in Propose Defendant Nos.21 and 22.

CORAM : R.I. CHAGLA, J.

RESERVED ON : 11th APRIL, 2022 & RESERVED ON : 7th JUNE, 2022.

PRONOUNCED ON : 18th JULY, 2022.

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 respect of the suit properties. The late J.N. Agarwal issued public notices and advertisements invited claims in respect of the Suit properties on 06.10.1979 and 11.10.1979. The public notices and advertisements were responded to by the Plaintiff’s deceased father disputing the right of the late J.N. Agarwal to purchase the suit properties as according to him the original agreement with Defendant Nos.8 and 9 had come to an end. Being aggrieved, the late J.N. Agarwal filed Suit No.358 of 1980 before this Court seeking specific performance of agreement dated 18.09.1974. By an order dated 26.11.1982, this Court granted interim injunction restraining the Defendants in the said Suit from in any manner dealing with or disposing of or alienating, encumbering or transferring the suit properties.

3 Thereafter, with the intention of settling the disputes between the Plaintiff’s family and the Agarwal family, Memorandum of Understanding dated 11.12.2008 came to be executed between the Plaintiff, Defendant Nos.13, 15 and Defendant Nos. 3 and 4. Under the said Memorandum of Understanding, Defen