ANITA JAIN Vs. DILIP KUMAR

JUDGEMENT

(1.) The applicant before this Court has filed present revision petition against order dated 09/02/2017 passed in Civil Suit No.52-A/2017 by which the trial Court has refused to decide the preliminary issue in respect of limitation.

(2.) The contention of learned counsel for the applicant is that It is an undisputed fact in the present case that the mother of the respondents executed a registered sale deed in favour of the Petitioner on 23/01/2010 with respect to the suit property. The petitioner is admittedly in possession of the suit property. The present suit was filed on 03/02/2016 i.e. nearly after lapse of 6 years.

(3.) In respect of the suit in question, the respondents have challenged the aforesaid sale deed. It is pertinent to note here that in the aforesaid sale deed, which was executed by Ratanbai, the respondent No.1 and wife of respondent No.2 are attesting witnesses. Thus since inception, the respondent Nos.1 and 2 were not only fully aware of the execution of the said sale deed but were the consenting parties also.