JUDGMENT - DAGA V.C., J.: - This appeal is directed against the judgment and order dated 27-9-2001 passed by the 7th Additional District Judge, Pune, whereby the judgment and decree passed by the 2nd Joint Civil Judge, JD, Pimpri, on 17-1-1995 in Reg. Civil Suit No. 1209/89 came to be set aside holding that the trial Court lacked jurisdiction to entertain, try and decide the suit in question.

Factual Matrix:

2.The appellant herein (the "plaintiff" for short) filed civil suit in the Court of Civil Judge, SD, Pune, contending that the plot bearing No. A-2 located in H block, MIDC, Pimpri Industrial Estate, Bhosari, Pune, was reserved for industrial purpose. The plaintiff applied for allotment of this plot under Regulation 4(ii) of the M.I.D.C. Disposal of Land Regulations, 1975 vide his application dated 10-1-1986 in the prescribed form (Ex. 49), with a view to establish manufacturing unit. (The said plot is hereinafter referred to as "suit plot" for the sake of brevity.

3.The defendants-respondents (the 'defendant' for short) rejected the laid application of the plaintiff for the allotment of the said plot being reserved for amenity purposes. The plaintiff alleged that as per sectio

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