ORDER :

1. Heard learned advocate Mr. M.M. Kharadi for the appellants and learned advocate Mr. Rajesh K. Shah for the respondents–caveators.

2. Mr. Kharadi submitted that Regular Civil Suit no.30/20 was filed by the plaintiffs stating that they are in possession of the property for about more than 84 years on the suit land as a tenant and at the same time, they claimed the ownership of the property and has made a prayer to declare them as owner and injunction sought against the present appellants for not creating any encumbrance on the suit land or to execute any deed of mortgage or gift deed or execute any sale transaction and further the injunction has been prayed to restrict the present appellants as defendants and/or by the agent, assignee or others for creating obstruction in the agricultural land. Mr. Kharadi submitted that the suit itself was not maintainable and hence, the defendants had moved an application under order 7 Rule 11 of CPC for rejection of the plaint as the tenancy right was terminated and order was passed by the revenue authority to hand over the possession to the original owner and hence, by way of entry no.9985, the possession was handed over to the appellant