KAUSA JAMA MASJID TRUST Vs. FASHIBAI BHAGIRATH BHAGAT

JUDGEMENT

(1.) Revision Applicant is the original Defendant challenging the order dtd. 14/2/2024 passed below Exhibit 14 by the Civil Court, Thane (for short "Trial Court"). Respondents are the Plaintiffs Parties are referred to as Plaintiffs and Defendant for convenience. Defendant- Trust filed Application below Exhibit 14 under Order VII, Rule 11 of the Code of Civil Procedure, 1908 (for short "CPC") for rejection of Plaint.

(2.) Respondents i.e. original Plaintiffs filed suit for declaration and injunction of easementary right of way through the adjoining land admittedly owned by Defendant-Trust.

(3.) Defendant- Trust claimed that easementary right available to Plaintiffs is through Suit property bearing Survey Nos. 58 and 60 of village Dawle, Taluka, District Thane, which is admittedly a Waqf property belonging to Defendant-Trust. Defendant-Trust therefore filed Application below Exhibit 14 under Order VII, Rule 11 (d) of CPC for rejection of plaint on the ground that jurisdiction of the Civil Court would stand ousted and Plaintiffs would have to approach the Waqf Tribunal.