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2026 Supreme(SC) 736

SANJAY KAROL, N. KOTISWAR SINGH
Shobha Vasant Bhoir – Appellant
Versus
Soni @ Vandana Gurumukhdas Jagiasi – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sahil Tagotra, AOR
For the Respondent(s): Ms. Gauri Rajput, AOR Ms. Neha Faridi, AOR Ms. Gauri Kaushik, AOR Mr. T. Hari Hara Sudhan , AOR Ms. Amrita Verma, AOR Ms. Aswathi M.k., AOR Ms. M. Vidhya, Adv. Mr. Pradeep Kumar Kar, Adv. Mr. Jai Prakash Shekhawat, Adv. Mr. Arularasan S, Adv. Mr. Anshul Patel, AOR Mr. Anugraha Sabu, AOR Mr. Prashant S. Kenjale, AOR Mr. B. Dhananjay, Adv. Ms. Damini Vishwakarma, Adv.

JUDGMENT :

SANJAY KAROL, J.

1. Leave granted.

2. The present appeal is directed against the impugned order dated 30.06.2025 passed in Civil Revision Application No. 242 of 2024 by the High Court of Judicature at Bombay, which affirmed the order dated 30.09.2023 passed by Civil Judge, Senior Division, Kalyan in Exh. 42 & 45 in Special Civil Suit No. 80/2022 whereby an application under Order VII Rule 11 of the Civil Procedure Code, 1908,1[Hereinafter ‘CPC’.] filed by the appellants,2[Original Defendants No. 1 – 4.] came to be rejected.

3. The present lis arises over Plot No. 1480, Ulhasnagar, Maharashtra,3[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.

4. It is alleged that the respondents,4[Original Plaintiffs.] herei

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