BIJUKUMAR C. Vs. KOLLAMPUZHA BHAGAVATHY TEMPLE

JUDGEMENT

(1.) The 1st defendant in a suit for declaration and permanent prohibitory injunction non-suited concurrently, has come up with the present appeal raising a plea that the suit is barred by limitation. Pertinently, the question of limitation was neither pleaded in the written statement nor raised during the course of arguments before the trial court or before the First Appellate Court.

(2.) The brief facts necessary for the disposal of the appeal are as follows:-

(3.) Heard Shri.S.Vinod Bhat, the learned Counsel appearing for the appellant and Shri.T.Krishnanunni, the learned Senior Counsel, for the respondents assisted by Shri.R.Rajesh (Varkala), the learned counsel appearing through caveat for the respondents.