Padhiyar Prahladji Chenaji th. LRs. vs. Maniben Jagmalbhai th. LRs. & Ors. (SC)

Permanent Injunction & Declaration–Suit for–Limitation for filing–Once the suit is held to be barred by limitation qua the declaratory relief and when the relief for permanent injunction was a consequential relief, the prayer of permanent injunction can also be said to be barred by limitation–Under normal circumstances, the relief of the permanent injunction sought is a substantive relief and the period of limitation would commence from the date on which the possession is sought to be disturbed so long as the interfer-ence in possession continuous–However, in a case of a consequential relief, when
the substantive relief of declaration is held to be barred by limitation, the said principle shall not be applicable.