DHANANJAY SHIVRAM MAPARE AND ANR vs VILAS EKNATH KAPRE AND ORS.

Judgment text excerpt

2025:BHC-AS:49069 Megha 69_CRA_87_2019_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.87 OF 2019 Dhananjay Shivram Mapare and Ors. ...Applicants V/s. Vilas Eknath Kapre and Ors. ...Respondents ______________ Mr. R.N. Sanghavi for the Applicants. Mr. S.M. Gorwadkar, Senior Advocate i/b. Mr. S.H. Gangal for the Respondents. ______________ CORAM: SANDEEP V. MARNE, J. DATED: 11 NOVEMBER 2025. Oral Judgment: 1) Revisionary jurisdiction of this Court is invoked for setting up a challenge to the order dated 22 December 2017 passed by the Joint Civil Judge, Junior Division, Daund, rejecting the application preferred by the Applicants/Defendants seeking rejection of Plaint under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code). 2) There is a chequered history of litigation between the parties. The great-grandmother of Applicant Nos.1 and 2 initiated the litigation by filing Special Civil Suit No.76 of 1996 for partition and separate possession against Respondent No.1 and his wife. Said Suit was dismissed on 30 October 1999. The Plaintiffs in that Suit filed First Page No. 1 of 14 11 November 2025 Megha 69_CRA_87_2019_fc.docx Appeal No.192 of 2001 before this Court. By Judgment and Order dated 3 February 2011, the First Appeal was allowed and the Suit was remanded for fresh decision. Respondent No.1 and his wife sought review of order dated 3 February 2011 and their Review Petition came to be dismissed. After remand, the Suit was renumbered as RCS No. 65 of 2012. In that Suit, the Trial Court passed a preliminary decree for partition fixing the shares between the parties. Aggrieved by the preliminary decree, Respondent No.1 and his wife filed Regular Civil Appeal No.82 of 2012 before