SHRI. SUNIL NARAYAN PATIL AND ANOTHER vs SHRI. PUNDALIK B.GHARAT (DECEASED) THR. LRS. JANKUBAI P. GHARAT (DIED) AND OTHERS

Judgment text excerpt

AO.479.2025.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 479 OF 2025 Sunil Narayan Patil and Ors. .. Appellants Versus Pundalik Balaji Gharat and Ors. .. Respondents ....................  Mr. Drupad Patil a/w Ms.Srushti Chalke, Advocates for Appellants.  Mr. Anil Anturkar, Senior Advocate a/w. Mr. Abhishek Patil and Mr. Sahil Wagh, Advocates for Respondent Nos.10 and 11. ......…........... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 03, 2026. JUDGEMENT: 1. Heard Mr. Patil, learned Advocate for Appellants and Mr. Anturkar, learned Senior Advocate for Respondent Nos.10 and 11. 2. Appeal from Order is filed by Original Plaintiff assailing rejection of Exhibit ‘5’ Order dated 13.06.2025 in Special Civil Suit No. 93 of 2024. Parties shall be referred to as Plaintiffs and Defendants for convenience. Appeal from Order is admitted on 22.07.2025. Suit is filed for specific performance of Agreements dated 10.02.2010 and 26.02.2013. Impugned order rejects Exhibit ‘5’ Application holding that Plaintiffs have prima facie failed to prove that rights were created in their favour in respect of Suit plot vide Agreement / MOU dated 26.02.2013. Appeal From Order was admitted on 22.07.2025. Trial Court has granted order of status quo which is continued by this Court. 1 of 19 AO.479.2025.doc Pleadings are completed in the Appeal from Order. It is heard finally today. 3. To decide the Appeal from Order, the following relevant facts are necessary for consideration:- 3.1. On 18.10.2002, partnership firm in the name of Anita Developers comprising the Plaintiffs as partners was established. On 18.12.2007 CIDCO issued letter in favor of Defendant Nos.1 to 16 (original land owners) showing willingness to allot Plot No.57 situated at Secto