IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3889 OF 2007 IN SUIT NO.2650 OF 2007 Haresh Gokani & Anr. ....Plaintiffs V/s. Mahesh N. Mehta ....Defendant Mr.Rajeshkumar Govilkar for the Plaintiffs. Mr.Nandu Pawar for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 4TH DECEMBER, 2009. P.C. :- 1. The Plaintiffs have sought a declaration that they are entitled to possession of a suit property and for an order of possession. It is not necessary to consider the disputes between the parties on merits as the suit is ex-facie barred by limitation. In fact the nature of the delay indicates probably that the Plaintiffs had abandoned the agreement altogether. The Defendant by a letter dated 9.2.1996 expressly terminated the agreement. The Defendant stated that there was no valid, subsisting and binding agreement and the agreement, if any, was void. The Defendant further stated that the same was terminated and cancelled. By this letter, the Defendant had offered to repay a sum of Rs.14,00,000/-. 2. By a further letter dated 27.10.1997, the Defendant forfeited the said sum of Rs.14,00,000/-. The suit was filed thereafter on 31.8.2007. The claim is therefore, barred by limitation. 3. In the circumstances, the Notice of Motion is dismissed.