- (1.) Plaintiffs are in second appeal before this Court having remained unsuccessful in both the Courts below.
(2.) Briefly noticed, a suit for declaration with consequential relief of permanent injunction was instituted by the plaintiffs against the defendants assailing the decree dated 9.9.1988 passed in Civil Suit No.827 of 1988 as also the mutation sanctioned on the basis of such impugned decree. Challenge was also laid to the mutation of inheritance of Smt.Daropdi qua the suit land. The plaintiffs prayed to be declared owners in possession of the suit in equal shares and sought a restraint qua the defendants from dispossessing and alienating them from the suit land forcibly and illegally. Apart from other issues having been framed by the trial Court, a specific issue i.e. Issue No.5 was struck by the trial Court which was to the following effect: Whether the present suit is hopelessly time barred OPD
(3.) Both the Courts below i.e. the trial Court, vide judgment, dated 15.6.2010, as also the lower Appellant Court vide judgment, dated 6.9.2011, have non-suited the plaintiffs holding the suit to be hopelessly time barred.;