1 NMS.2569/10-S.1812/95 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2569 OF 2010 IN SUIT NO. 1812 OF 1995 Sharadchandra Gajanan Gupte (since deceased through LRs.) ...Plaintiffs Vs. Pramila Manohar Gupte (since deceased through LRs.) & Ors. ...Defendants Mr. V. P. Vaze for Plaintiffs Mrs. Laxmi Mankar i/b. Nanu Hormasji & Co., for Defendants 1A,1B & 1C. Mr. Omesh Shetty for Defendant No.4 Mr. A. Bookwala, Sr. Counsel i/b. Vaizhali R. Bhilare for Defendant No.5 CORAM : SMT. ROSHAN DALVI, J. DATED : 17 TH SEPTEMBER, 2010 P.C. : 1. This Notice of Motion is taken out by Defendant No.5 under the provisions of Order 7 Rule 11 of the C.P.C. It is contended on behalf of Defendant No. 5 that the Plaintiff has given up his rights in respect of the suit lands under a declaration made by the Plaintiff on 27th August 1952 which has been filed in the Revenue Records with the City Survey Office. Defendant No.5 claims that the suit is, therefore, barred by the law of limitation. 2. The averments in the plaint do not refer to the declaration. The Plaintiff 2 NMS.2569/10-S.1812/95 has claimed that the suit property belonged to his father, who died intestate leaving behind 4 heirs being the Plaintiff, husband of Defendant No.1 and Defendants 2 and 3. The Plaintiff claims his ¼ share in respect of the suit plot of land upon the intestacy of his father. Since the Plaintiff has not relied upon declaration in the suit, the suit cannot be stated to be barred by law of limitation. 3. The Notice of Motion is dismissed. (SMT. ROSHAN DALVI, J.)