Ananda Bhaskar Shetty v. Bhailal Meghji Shah @ Gala and Anr.
Case brief
What is this about?
Bombay High Court, Kolhapur Circuit Bench; M.M. Sathaye, J.; 11 February 2026; Civil Revision Application No.1 of 2026; rejection of plaint; Order VII Rule 11(a) and 11(d) CPC; no cause of action; possession and tenancy as matters of evidence; pleadings-and-documents-only scrutiny at plaint-rejection stage; defendant's possible defence cannot be examined; Section 151 CPC recall application rejected; injunction suit RCS No.142 of 2017; no perversity, illegality or jurisdictional error; revision dismissed; merits kept open.
What did the court decide?
Considering the pleadings, it cannot be said that no cause of action is disclosed; whether Respondent No.1-plaintiff is in possession of the suit premises or whether any evidence exists of his tenancy is a matter of evidence and squarely falls outside the consideration of Order VII Rule 11 CPC.