SUBAI MURA RABARI Vs. PARAS DEVRAJ GUNDECHA

JUDGEMENT

(1.) The above Notice of Motion has been filed by the Defendant Nos.1 to 4 and 6 to 9 inter alia claiming the following reliefs:

(2.) In the context of the reliefs sought as above it would be apposite to consider the gamut of the above Suit. The above suit has been filed by the Plaintiffs claiming the substantive reliefs as mentioned in prayer clauses (a) and (b). The said prayer clause (a) and (b) are reproduced herein under :

(3.) As can be seen from the aforesaid prayer clauses, the Plaintiff seeks to challenge the consent terms / decree which is in favour of the Defendant Nos.1 to 9 in terms of ExhibitO as well as the agreements between the Defendants interse in terms of Exhibit O to the Plaint in respect of the suit property. The Plaintiff claims that she along with her husband Mura Sura Rubai, whose whereabouts are not known for more than 18 years and who is presumed to be dead, used to cultivate the land bearing Survey No.148(part) CTS No.168 admeasuring 60 acres 23.3/4 gunthas situate at Village Magathane, Taluka Borivili, Mumbai. The Plaintiff claims that she is a declared owner of the suit property by virtue of the order under Section 32(G) of the Bombay Tenancy and Agricultural Lands Act, 1949 and that the certificate have been issued to her under Section 32(M), after she paid the purchase price. The suit though filed in the year 1996, has not progressed. In fact ,the issues in the suit have also not been framed.