Shri Jahangir @ Jawahar vs Smt. Maureen de Sequeira

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT GOA
C. V. BHADANG, J
Shri Jahangir @ Jawahar – Appellant
Versus
Smt. Maureen de Sequeira – Respondent

Advocates:
For the Appellants/Petitioners: Shri S.D. Lotlikar, Ms. Aditi Naik
For the Respondents: Mrs. Anarkali Agni, Ms. Hetal Mody

Table of Content
1. facts surrounding the legal ownership dispute. (Para 2 , 3 , 4 , 5 , 6)
2. court's observations on the application of limitation. (Para 10 , 13 , 14 , 15)
3. arguments regarding the knowledge of ownership. (Para 11)
4. court's reasoning on the bar of limitation. (Para 12 , 19 , 22)
5. final ruling and dismissal of the appeal. (Para 24 , 25)

JUDGMENT:

The challenge in this appeal is to the order dated 18.10.2005, passed by the learned Senior Civil Judge at Panaji in Special Civil Suit No.27/04/B. By the impugned order, the learned Trial Court has rejected the plaint under Order VII, Rule 11(d) of the Civil Procedure Code, 1908 ( CPC , for short), as being barred by limitation.

2. The brief facts necessary for the disposal of the appeal may be stated thus:

That, now deceased-Jahangir Karanjia (the original plaintiff), filed the aforesaid suit against the respondent for declaration that the original plaintiff is the absolute owner in possession of the suit property, more specifically described in paragraph 1 of the plaint. The original plaintiff also sought declaration that the Certificate of Sale dated 30.06.1973 granted in Execution Case No. 24/1970, in favour of the re

Click Here to Read the rest of this document

BOMBAY HIGH COURT - BENCH AT GOAC. V. BHADANG, JShri Jahangir @ Jawahar – AppellantVersusSmt. Maureen de Sequeira – Respondent

BOMBAY HIGH COURT - BENCH AT GOA
C. V. BHADANG, J
Shri Jahangir @ Jawahar – Appellant
Versus
Smt. Maureen de Sequeira – Respondent