1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.544 OF 2009 Shri Akthar Alam Ansari. ..Petitioner. V/s. Ms.Mustary Begum Ansari. ..Respondent. Mr.Rahul D. Motkari for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 20, 2009. DATE : JANUARY 20, 2009. DATE : JANUARY 20, 2009. P.C. : P.C. : P.C. : 1. Heard. 2. On admitted facts, it is obvious that the suit is barred by limitation. The relief claimed in the suit is for declaration that the decree dated 26th July, 1977 is not conclusive and not binding on the Plaintiff. The assertion made in the plaint concedes the position that the fact about the existence of the said decree was known on 20th April, 2001, as is noted in the communication Exh.H to the plaint. Even if limitation is to be reckoned from that date, the suit filed in the year 2005 would obviously be barred by limitation having been filed after expiry of three years. Hence no interference is warranted. Dismissed. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)