CHETAN KRISHNA SHETTY Vs. SEEMA CHETAN SHETTY

JUDGEMENT

(1.) By the present Writ Petition, the petitioner who is the original plaintiff to the Suit is aggrieved by the order passed by the City Civil Court at Mumbai on a Notice of Motion seeking rejection of the plaint under Order 7 Rule 11 of the CPC, pursuant to which a direction came to be issued to the plaintiff to pay deficit Court fee in relation to the claim for both the gift deeds under challenge, failing which it was directed that the plaint shall be rejected. Being aggrieved by the said order, he filed a Review Petition which is also rejected on 30/8/2021.

(2.) Rule. Rule made returnable forthwith. Heard learned counsel Shri Rajesh Patil for the petitioner and Advocate Dr.Uday Warunjikar for respondent no.1 and Advocate Hemal Ganatra for respondent nos.2 to 4. In the longish facts involved, it would be sufficient to state that the plaintiff was married to defendant no.1. and defendant nos.2, 3 and 4 are the relatives of defendant no.1. The dispute resulting in institution of a Suit by the plaintiff revolve around the troubled relationship, when it is alleged by the plaintiff that he had purchased two flats in Mumbai Suburban, out of which the subject flat was gifted to him by his parents vide gift deed dtd. 9/4/2008. The plaintiff alleged that this flat came to be fraudulently transferred in favour of defendant no.1, with the active participation of defendant nos.2 to 4 and by hatching a conspiracy, the plaintiff was ousted from the suit flat. He, therefore, filed a Suit for declaration and injunction with a relief of being put back in possession and he sought a declaration that the action of defendant no.1 in connivance of defendant nos.2 to 4 of not allowing the plaintiff to enter and stay in the suit premises is bad-in-law. The suit premises covered two flats with the description set out in the plaint. The plaint in the suit, sought several reliefs but the substantive relief prayed was to the following effect :-

(3.) The defendants in the Suit took out a Notice of Motion No.1937 of 2020 for the following relief :