KALEEL KHAN Vs. KHADAR KHAN AND ORS.

JUDGEMENT

(1.) THIS is a second defendant's appeal calling in question judgment and decree passed by Senior Civil Judge, Harihara, dated 01.10.2013 in R.A. No. 64/2012 whereunder judgment and decree passed by the Civil Judge, Honnali in O.S. No. 59/2007 dated 14.02.2012 decreeing the suit declaring that plaintiff is having 1/3rd share in suit schedule properties, came to be affirmed.

(2.) I have heard the arguments of Sri Ajay Kumar M. learned counsel appearing on behalf of Sri Rudraiah, for appellant/second defendant and Sri S.V. Prakash, learned counsel appearing on behalf of respondent No. 1. Respondent Nos. 2 and 3 are served and unrepresented.

(3.) HE would elaborate his submission by contending that suit was barred by limitation and when plaintiff admits that there was a partition in the year 1985 -86 under Ex. D -1 suit filed in the year 2007 is expressly barred by limitation under Article 144 of Limitation Act, 1963, which has prescribed the time limit of 12 years for filing a suit for possession. Hence, he prays for formulating Substantial Question of Law as formulated in the second appeal.