Mohd. Ishaque Mohd. Hasan Sardar And ORS v. Muzammil Mohd. Yaqub Sardar.And ORS

20-wp15728-2023..doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15728 OF 2023 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2023.12.20 18:12:00 +0530 Mohd. Ishaque Mohd. Hasan Sardar & Ors.

... Petitioners V/s.

Muzammil Mohd. Yaqub Sardar & Ors.

... Respondents Mr. Suraj Gothwal for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 19, 2023 P.C.:

1.

The petitioners are defendants in a suit for possession and declaration. The suit is governed by Article 65 of the Limitation Act, 1963. In such a suit, defendants filed an application stating that the possession become adverse in the year 1976. However, on perusal of paragraph 5 of the plaint, at this stage it is difficult to record a conclusive finding based on averments in the plaint that plaintiffs' possession became adverse prior to twelve years of filing of suit. However, it will be open for the defendants to raise plea of limitation after giving opportunity to both parties to lead evidence. With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)