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2025 Supreme(Online)(Bom) 248341

HIGH COURT OF BOMBAY
HON'BLE MS. JUSTICE GAURI GODSE
MOHAN PANDURANG DHULE AND ORS. – Appellant
Versus
HARISHCHANDRA DHEHU DHULE AND ORS. – Respondent


Digitally signed by

VARSHA VARSHA VIJAY

RAJGURU

VIJAY

Date:

RAJGURU 2025.12.22

16 :33:18

+0530

27-cra-693-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha

CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO. 693 OF 2023

Mohan Pandurang Dhule and Ors … Applicants

vs.

Harishchandra Dhehu Dhule and Ors … Respondents

Mr. Rahul S. Kate, for the Applicant. Ms. Aruna Koli, for the Respondent.

CORAM : GAURI GODSE, J.

DATED : 11th DECEMBER 2025

ORDER:

1. This application is filed by defendant nos. 1 to 4 to challenge the order passed by the trial court rejecting their application under

Order VII Rule 11(a) of the Civil Procedure Code, 1908 (‘CPC’).

2. Learned counsel for the applicants submits that on a plain reading of the plaint and the cause of action pleaded in the suit, the suit is barred by limitation. He submits that the prayer clause in the suit seeks a declaration of ownership rights. However, the plaintiffs were aware of the mutation entry no. 1139 of 1st April 1991, which was within the knowledge of the plaintiffs as pleaded in paragraph no.4 of the plaint. However, the suit is filed by the respondents,

contending that the cause of action arose on 15th October 2021 when defendant nos.

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