Chandrakant Vassudev Lotlikar and Others v. Vaman Mahadev Lotlikar and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1989 Supreme(Online)(Bom) 3

BOMBAY HIGH COURT
, J
Chandrakant Vassudev Lotlikar and Others v. Vaman Mahadev Lotlikar and Others

Advocates:
For the Appellants/Petitioners: M.S. Usgaonkar
For the Respondents: S.D. Lotlikar

Table of Content
1. appeal against plaint rejection (Para 1 , 2)
2. court fee payment issues (Para 3 , 4)
3. validity of alternative relief (Para 5 , 6)
4. circumstances around plaint rejection (Para 7 , 8 , 9)
5. nature of appeal (Para 10)
6. appeal outcome (Para 11)

1. This appeal by the plaintiffs in the suit is directed against the order dated 5th April, 1983, passed by the learned Civil Judge, Senior Division, Mapusa, whereby he rejected the plaint under O.7, R.11(b) read with (c), C.P.C.

2. The appellants have filed a suit for the following reliefs :
(a) That it be declared that the plaintiffs are the exclusive owners of the property A, B and C together with the suit house thereon;
(b) the plaintiffs may be restored back to the southern portion of the suit house and the defendants be evicted therefrom;
(c) permanent injunction restraining the defendants from causing any obstructions to the plaintiffs or their tenants in exercise of the lawful possession, use and occupation of the property A, B and C and of the suit house;
(d) alternatively the plaintiffs be restored back to the rustic part with the trees of the property A, B and C;
(e) properties A, B and C on one side and D on the other