M/S Sandeep Construction And ... vs Ashish S/O. Balasaheb Thote And Others

ik-163373343 Bombay High Court 18 December 2025 • 21 min read

Judges (1)

Counsel (2)

Parties (2)

Case Significance

M/S Sandeep Construction And ... vs Ashish S/O. Balasaheb Thote And Others is a Bombay High Court decision dated December 18, 2025 (citation: ik-163373343). The applicants filed a civil revision application challenging the rejection of their application under Order VII Rule 11 CPC to reject the plaint in a partition suit filed by grandchildren of the first defendant concerning 9 acres 45 guntha of agricultural land in Nakshtrawadi village. The court held that the issue of limitation was a mixed question of law and facts that could not be adjudicated at the threshold stage under Order VII Rule 11, and dismissed the revision application. The reques The case was heard by Justice Shailesh P. Brahme. Counsel appearing: A. N. Ansari (counsel for respondent), Anand P. Bhandari (counsel for applicant).

Summary

The applicants filed a civil revision application challenging the rejection of their application under Order VII Rule 11 CPC to reject the plaint in a partition suit filed by grandchildren of the first defendant concerning 9 acres 45 guntha of agricultural land in Nakshtrawadi village. The court held that the issue of limitation was a mixed question of law and facts that could not be adjudicated at the threshold stage under Order VII Rule 11, and dismissed the revision application. The request for continuation of interim stay was also rejected.

What was the outcome of M/S Sandeep Construction And ... vs Ashish S/O. Balasaheb Thote And Others?

The applicants filed a civil revision application challenging the rejection of their application under Order VII Rule 11 CPC to reject the plaint in a partition suit filed by grandchildren of the firs...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-163373343)