1. Heard.

2. Rule. Rule made returnable forthwith. With the consent of the parties, revision application is taken up for final hearing at admission stage.

3. Original defendant no. 4 has approached this court taking exception to the order passed by the learned Judge, City Civil Court, Dindoshi Branch, Mumbai in Notice of Motion No. 2067/2010 in S.C.Suit No. 2078/2008. Notice of motion came to be moved by defendant / applicant herein requesting the court to return the plaint presented by the plaintiffs / respondents herein for proper presentation to the appropriate Court, as contemplated by Order VII Rule 10 of the Code of Civil Procedure.

5. Respondent nos. 1 to 5 (hereinafter referred to as the ‘plaintiffs’) presented suit against respondent nos. 6 to 8 / original defendant nos. 1 to 3 and the appellant and respondent no. 9 / original defendant nos. 4 and 5 claiming perpetual injunction and negative declaration. According to the plaintiffs, they are the owners of 1/3rd undivided share in the suit property which is a plot admeasuring 1452.1 sq. mtrs out of survey no. 75 Hissa no. 5, CTS No. 694 and 671 situate at village Kandiwali, Mumbai. According to the plaintiffs, th