JUDGMENT :

1. It must be observed at the very outset that the District Court has passed a rather an unusual order, which is subject matter of challenge in the present appeal. While deciding applications fled by the Defendant seeking rejection of Plaint under Order 7 Rule 11 of the Code of Civil Procedure (Code) and by Plaintiff seeking temporary injunction, the District Court has proceeded to return the plaint, invoking the provisions of Order 7 Rule 10. It has not recorded any reasons for returning the plaint but has returned the Plaint ‘in view of’ order rejecting application for rejection of plaint.

2. To examine the correctness of the order, it would be necessary to frst condone the delay in fling the appeal. For the reasons stated in Civil Application No. 1223 of 2019, which is opposed by the learned counsel for the respondent, the delay in fling the appeal stands condoned.

3. Admit. With consent of the learned counsel appearing for parties, the same is called out for hearing.

4. The challenge in the present Appeal is to the common Order dated 25 July 2018 passed by the District Judge-1 Kolhapur passed below Exhibit-1 returning Plaint under Order 7 Rule 10 of the Code for being pr