SHOBHA VASANT BHOIR Vs. SONI @ VANDANA GURUMUKHDAS JAGIASI

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the impugned order dtd. 30/6/2025 passed in Civil Revision Application No. 242 of 2024 by the High Court of Judicature at Bombay, which affirmed the order dtd. 30/9/2023 passed by Civil Judge, Senior Division, Kalyan in Exh. 42 and 45 in Special Civil Suit No. 80/2022 whereby an application under Order VII Rule 11 of the Civil Procedure Code, 1908 [Hereinafter 'CPC '.] filed by the appellants [Original Defendants No. 1 - 4.] came to be rejected.

(3.) The present lis arises over Plot No. 1480, Ulhasnagar, Maharashtra [Hereinafter 'the subject property '.]. The case put forth by the appellants before us is that, one Mr. Tukaram Daji Bhoir, was the original owner of the subject property and predecessor-in-interest of the appellants. In 1974, the Development Plan for the Ulhasnagar township was finalized wherein certain lands were reserved in public interest to provide infrastructure in the form of roads and other amenities. Those affected thereof were to be rehabilitated with alternate sites. The subject property forms part of the same.