P.C. : - Heard Counsel for the parties.

2. Admit. Mr. Shetty waives notice for respondents. He undertakes to file Vakalatnama on behalf of respondents.

3. As short question is involved, Appeal is taken up for final hearing forthwith, by consent.

4. This Appeal from Order takes exception to the Judgment and Order passed by the Trial Court dated March 10, 2006 in S.C. Suit No. 3295 of 2001 under Order VII, Rule 10 of the Code of Civil Procedure returning the plaint to the plaintiffs for being presented before the appropriate Court. The sole basis on

which this order has been passed can be discerned from Paragraphs 11 and 15 of the impugned Judgment. Before I advert to the said aspect, it will be apposite to reproduce the substantive relief claimed by the plaintiffs in the said suit. The same read thus :

"17. The plaintiffs will rely upon the documents, a list whereof is annexed hereto.

That plaintiffs, therefore, pray : -

(a) That the defendants, their servants, agents and employees be prevented by a permanent and temporary injunction of this Honble Court from disturbing the plaintiff s possession of the said premises, viz : Room No.2 at 94, Kadri Park, S. V. Road, Irla, Vile Parle

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