REKHA MANOHAR GHANSHARAMANI Vs. JANARDHAN PRASAD CHATURVEDI

JUDGEMENT

(1.) The present Appeal impugns an order dtd. 21/8/2019 ("the Impugned Order'), by which, the Learned Single Judge has allowed three Notices of Motion taken out by Respondent Nos.1 to 12, Respondent No.14 and Respondent No.17 respectively under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) for rejecting the Plaint in the captioned (the said Suit).

(2.) Before adverting to the rival contentions, it is necessary to briefly set out the following facts. The Appellants claim to be the legal heirs and next of kin of one Manohar Daulataram Ghansharamani ("the Original Plaintiff'). The Original Plaintiff, one Dijendra C. Mitra ("D. C. Mitra') and Respondent No.1 were the partners of Respondent No. 13 i.e., J. P. Constructions (the said firm) by virtue of a Partnership Deed dtd. 24/3/1987 (the Partnership Deed). It is not in dispute that the said D. C. Mitra passed away on 25/1/1988. Respondent Nos. 2 to 12 are joined as the legal heirs and next of kin of D. C. Mitra. The Original Plaintiff has also passed away and the Appellants are the legal heirs and next of kin of the Original Plaintiff.

(3.) It is the case of the Original Plaintiff that a piece and parcel of land admeasuring 100 acres ("the said land') situated at village Kasarwadawali, Ghod Bunder Road, Taluka and District Thane, consisting of two portions i.e., one admeasuring approximately 55 acres and the second admeasuring approximately 45 acres were the properties of the said firm. It is essentially the case of the Original Plaintiff that the said land was wrongfully/illegally sold and disposed off by the following Agreements for Sale viz.,