SHARAD DATTATRAY BAL Vs. RATNABAI RAMDAS KOLHE

JUDGEMENT

(1.) By this application under Sec. 150 of Code of Civil Procedure, 1908, the applicants ( defendant Nos. 1 and 2) seek rejection of plaint under clauses (a) and (d) of the Order 7 Rule 11 of Code of Civil Procedure, 1908.

(2.) The respondents (original plaintiffs) filed a suit for declaration, partition and injunction. The relief of declaration is in respect of registered sale deed dated 10 th September 1997, impounded on 9/1/1998 and consequential injunction restraining defendants from creating third party rights or developing the suit properties.

(3.) The applicants filed an application under Order 7 Rule 11, contending that as per paragraph No.20 of the plaint, the plaintiffs had knowledge of sale deed on 10/9/1997, and 9/1/1998. Therefore, suit filed in the year 2019 is barred by limitation. It is also contended that the plaintiffs No.1 to 3, are daughters. Suit properties vest with defendant Nos. 1 to 4 before 2005.Therefore, plaintiffs Nos. 1 to 3, have no cause of action to sue for relief of partition and consequential injunction.