JUDGMENT :

1. Heard learned counsel.

2. The order under challenge is dated May 24, 2022 passed below Exhibit ‘1’ by the City Civil Court, Mumbai, thereby refusing to dispose of the suit on merits for the reasons mentioned in the said order.

3. The suit filed by the appellants-plaintiffs, duly contested by the defendants-respondents proceeded till the stage of judgment. When the matter was listed on May 24, 2022, the learned trial Judge was of the opinion that it is not possible to deliver the judgment for the reasons stated in the order. For convenience the order is reproduced, which reads thus :

ORAL ORDER

(Delivered on 24/05/2022)

1. Matter is kept today for Judgment however, for the reasons stated hereunder, it is not possible to deliver Judgment.

2. Plaintiffs had filed Suit No. 521 of 2009 earlier in this City Civil Court wherein, relief in terms of prayer clause (a) was claimed to declare that plaintiffs have 1/2 share in the assets of the deceased as per Muslim Personal Law. Contentions for seeking the said relief were raised in para-5 of the plaint in said earlier suit. By raising same contentions in para-6 of the present plaint, plaintiffs have claimed similar relief of declarati