Mangalabai Chandrabhan Nikam And Others v. Dagubai Waman Lingayat And Others

2024:BHC-AUG:21267 1 28

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 WRIT PETITION NO. 9707 OF 2024 MANGALABAI CHANDRABHAN NIKAM AND OTHERS

VERSUS

DAGUBAI WAMAN LINGAYAT AND OTHERS ...

Advocate for the Petitioner : Mr. Jadhav Narsing Bankatrao ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09th SEPTEMBER, 2024 PER COURT:

1.

Heard.

2.

The learned counsel for the petitioners submits that the suit filed is barred by limitation and, as such, ought to have been rejected. 3.

However, on perusal of the plaint, it appears that the plaintiffs have noticed the change in mutation entry at the later date, as such, the suit, prima facie, is held within limitation. 4.

The limitation being a mixed question of fact and law, the petitioners can raise all these issues in their written statement and the court will decide the same in accordance with law. 5.

The writ petition stands disposed of.

[ARUN R. PEDNEKER, J.] marathe