NAVNATH DATTATRAY LOKHANDE AND ORS. vs KUNAL VIKRAM SAWANT AND ORS.

Judgment text excerpt

cra.658.2019.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.658 OF 2019 Navnath Dattatray Lokhande and Ors. Applicants (Original Defendant .. Nos. 3 to 5) Versus Kunal Vikram Sawant and Ors. .. Respondents ....................  Mr. Chaitanya B. Nikte a/w. Mr. Swapnil Sangle, Advocates for Applicants.  Mr. Jaydeep Deo, Advocate for Respondents. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025. JUDGEMENT: 1. Heard Mr. Nikte, learned Advocate for Applicants and Mr. Deo, learned Advocate for Respondents. 2. The present Civil Revision Application (for short “CRA”) challenges the order dated 17.10.2019 passed by the learned Trial Court below Exhibit “26” in Special Civil Suit No.851 of 2019 whereby Application filed by Defendant Nos.3 to 5 under provisions of Order VII Rule 11 of Code of Civil Procedure, 1908 (for short “CPC”) for rejection of Suit plaint / Suit has been rejected. 3. Parties shall be referred to as “Plaintiffs” and “Defendants” for ease of reference and convenience. Plaintiffs filed Special Civil Suit (for short “SCS”) No.851 of 2019 seeking cancellation of registered Sale Deed dated 28.05.2018 executed between Defendant No.1 and 1 of 21 cra.658.2019.doc Defendant Nos.3 to 5 and also sought injunction against Defendant Nos.3 to 5. In the said Suit, Plaintiffs have arraigned the Defendants in two groups. Defendant No.1 is Krushnabai @ Kisnabai Ganpat Alandkar / Koli who is admittedly the owner of Suit Property described as land bearing Survey No.175 Hissa No.3 situated in Village Manjairi Budruk District Satara admeasuring 0 H 95 R (for short “Suit property”). Suit property originally belonged to husband of Defendant No.1 Mr. Ganpat Alandkar who expired on 31.08.1989. Ther