Supreme Court of India
Mallavva and Anr v. Kalsammanavara Kalamma (since Dead) by Legal Heirs & Ors.
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What the Court ordered
In view of the aforesaid discussion, this appeal fails and is hereby dismissed.
Judgment, page 27
From the headnote
Issue for Consideration Whether the original suit filed by the plaintiffs even after the amendment of the plaint at the stage of first appeal seeking possession of the suit property could be said to be time barred. In other words, whether the suit would be governed by Article 58 or Article 65 of the Limitation Act, 1963. Headnotes† Limitation Act, 1963 – Art.58 and Art.65 – Original Plaintiff-K instituted suit seeking relief of declaration and injunction in respect of suit property – Trial Court while dismissing the suit held that the plaintiffs were the absolute owner of the suit schedule
Authorities it was built on
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- 2002 Sampath Kumar v. Ayyakannu and Anr.
- 2001 Siddalingamma and Anr. v. Mamtha Shenoy
- 1995 Annasaheb Bapusaheb Patil and Ors. v. Balwant@ Balasaheb Babusaheb Patil (dead) by Lrs. and Heirs Etc.
- 2013 State of Uttrakhand & Ors. v. Deep Chandra Tewari & Anr.
- 2023 Government of Kerala & Anr. v. Joseph and Others
- 1969 Jai Jai Ram Manohar Lal v. National Building Material Supply, Gurgaon
- 2022 Rajpal Singh v. Saroj (deceased) through Lrs and Anr
- 2015 Mahila Ramkali Devi and Others v. Nandram (d) Thr. Lrs. and Others
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