On the 20thof July, 2021, the division bench of the Hon’ble Supreme Court of India (“SC”) unanimously upheld the judgment delivered by the Nagpur Single Judge Bench of the High Court of Judicature at Bombay (“HC”). [Sayyed Ayaz Ali v. Prakash G. Goyal and Others, 2021 SCC OnLine SC 472]. The case primarily concerns the peaceful enjoyment and possession of the suit property, originally filed by the appellant (plaintiff)against the respondents (defendants)beforethe Civil Judge, Senior Division at Nagpur. The first respondent filed an application for the rejection of the plaint on the ground that it was barred under clauses (b) and (d) of Order 7 Rule 11 of the Code of Civil Procedure 1908 (“CPC”). The Fifth Joint Civil Judge, Junior Division, Nagpur allowed the application. However, while doing so, the appellant was “directed to seek proper relief and pay court fee thereon within 15 days, otherwise appropriate order will be passed”
