M.S. Sonak, J.

1. Admit. With the consent of the learned Counsel, the appeal is taken up for hearing and final disposal.

2. This Appeal is directed against a judgment and order dated 10 June 2013 as modified by an order dated 17 June 2013 (Notice of Motion No.1716 of 2010 in Suit No.2715 of 2007), rejecting the plaint under Order 7 Rule 11 (d) of the Civil Procedure Code in respect of one of two properties involved in the suit.

3. The Appellant is the original Plaintiff. Respondent Nos.1 to 41 are the original Defendants. Accordingly, the parties shall be referred to by their respective position in the plaint.

4. The Plaintiff instituted Suit No.2715 of 2007, inter alia against Defendant Nos.1 to 39 (hereinafter referred to as Vaitys'), M/s. Shree Anjaneya Estates-Defendant No.40, which is a Partnership Firm represented by four partners, Defendant Nos.40A, 40B, 40C and 40D and Deonar Industrial Premises Cooperative Housing Society Limited, Defendant No.41, seeking inter alia following reliefs:

(a) Declaration that Defendant Nos.1 to 39 are owners in respect of the first property ;

(b) Declaration that Defendant No.41 has no right, title or interest in the first property ;

(