SHRI KISHOR RAMJI PATEL vs SMT. SUNANDA SUDHAKAR CHOUGHULE

Judgment text excerpt

cra.275.2023.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.275 OF 2023 Shri. Kishor Ramji Patel & Ors. .. Applicants Versus Sunanda Sudhakar Choughule and Ors. .. Respondents ....................  Mr. Vijay Killedar, Advocate for Applicants.  Mr. Kuldeep U. Nikam, Advocate for Respondent Nos.1 to 5. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 02, 2025. JUDGEMENT: 1. Heard Mr. Killedar, learned Advocate for the Applicants and Mr. Nikam, learned Advocate for Respondents. 2. The present Civil Revision Application (for short “CRA”) was heard by me on 31.07.2024 on which date the following order was passed:- “1. Heard Mr. Killedar, learned Advocate for the Applicants and Mr. Nikam, learned Advocate for Respondent Nos.1 to 5. 2. Mr. Nikam would submit that the previous Suit which was filed by the parties was for simplicitor injunction. Suit was filed in the year 2015 by Plaintiffs claiming to be the owners of the Suit property. The Suit for injunction is always maintainable on the ground of entitlement and/or right, title and interest of the Plaintiffs who approaches the Court. To this, Mr. Nikam, learned Advocate for Respondents by stating that the previous Suit was filed for simplicitor injunction by clarifying that the Suit property is undivided property. 3. However, Mr. Nikam would submit that he has not seen the Suit plaint of the previous Suit and he would still like to confirm the same. Undoubtedly, the Plaintiff can confirm the 1 of 9 cra.275.2023.doc aforesaid position and file appropriate Affidavit by placing the previous Suit plaint on record so that the averments made in the Suit plaint and the reliefs prayed for can be juxtaposed with the details given in the present Suit procee