JUDGMENT - KANADE V.M., J.:—Petitioners are the original defendants and respondent No. 1 is the original plaintiff. Respondent Nos. 2 and 3 are the original defendant No. 5. For the sake of convenience parties shall be referred to as plaintiff and defendants.

FACTS :

2. Plaintiff, respondent No. 1 herein, instituted a suit against the defendants and the Pune Municipal Corporation seeking a declaration that the amalgamation of two plots bearing C.T.S. No. 1357 and 1358 by the defendants, petitioners herein, and the respondents 2 and 3 is illegal, null and void and he further prayed that the building permission granted on the basis of building plan of the amalgamated property be revoked. Reply and written statement was filed by the defendants. An application vide Exhibit-20 was filed under Order VII, Rule 11 in which the defendants, petitioners herein, prayed for rejection of the plaint. An objection was raised that the Civil Court has no jurisdiction to decide the said dispute in view of the provisions of section 149 of the Maharashtra Regional and Town Planning Act, 1966 ( For short M.R.T.P. Act, 1966). A reply was filed by the plaintiff and the trial Court came to the conclusion th

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