- (1.) Heard Mr. Gavnekar, learned Counsel for petitioners and Ms Godse, learned Counsel for respondent Nos.1 and 2 at length.
(2.) By this Application under Section 115 of the Code of Civil Procedure, 1908 (for short 'C.P.C.'), the original defendant Nos.1, 1/1, 1/2, 1/3 , 1/5, 1/7, 1/8 and 1/11 have challenged the judgment and order dated 26.04.2011 passed by the learned Civil Judge Senior Division, Alibaug below exhibit-40 in Special Civil Suit No.54 of 2011. By that order, the learned trial Judge rejected the application made by the applicants under Order 7, Rule 11(d) of the C.P.C. for rejection of the plaint. The relevant and material facts that are necessary for the disposal of the present application, briefly stated, are as under:
(3.) Respondent Nos.1 and 2 instituted Short Cause Suit No.54 of 2011 in the Court of Civil Judge Senior Division, Alibaug and the applicants were impleaded as defendant Nos.1, 1/1, 1/2, 1/4, 1/5, 1/6, 1/8 and 1/11 (for short 'defendants'). Respondent Nos.7 and 8 were impleaded as defendant Nos.2 and 3. The property in dispute between the parties is City Survey No.627 admeasuring 132.1 sq.mtr. and Municipal House No.94 situate at Alibaug, District - Raigad (for short 'suit property').;