1 The Applicants have invoked the Revisionary Jurisdiction of this Court being aggrieved by the order dated 19/1/2012 passed by the learned Joint Civil Judge, Junior Division, Vadgaon-Maval by which order the preliminary issue raised by the Applicants herein as regards the valuation of the suit has been rejected, and it has been held that the suit has been properly valued, and thus maintainable. The issue which therefore arises in the above Civil Revision Application is as regards the valuation of the suit.

2 The facts necessary to be cited for adjudication of the above Civil Revision Application can be stated thus; The Respondent herein i.e. Eagle Agro-Farm Private Limited is the original Plaintiff who has filed the suit in question being Regular Civil Suit No.12 of 2011 and the substantive relief claimed therein is in prayer clause (a) of the suit in question which is reproduced herein under for the sake of convenience.

“Defendants and/or the persons claiming through the defendants including the family members of the defendants no.2 i.e. his brothers, etc. and/or any other persons including staff, security, servants, agencies, contractors, affiliates, architects etc. of the defendants may please be permanently restrained from entering into the suit property; and/or disturbing vacant, peaceful and physical possession of the plaintiff and/or carrying out any activities on the suit property and/or in respect of the FSI/TDR/flats, units tenements, etc. in pursuance thereof and/or otherwise acting as the representative/s of the plaintiff etc and/or doing any acts, matters, deeds, things as the case may be in respect of the suit property and/or any part thereof and/or in pursuance of the said development agreement/or of attorney dated 23rd of May 2006, and/or any other document/s, as the case may be;”

3 The parties would be referred to as per their status in the suit in question. The suit in question is founded on the fact that the Plaintiff is the exclusive and absolute owner of the suit property mentioned in Para 1 of the plaint. It is the case of the Plaintiff that as there was a loss in the business of poultry, the Plaintiff decided to develop its own property by constructing various buildings, amenity spaces, play grounds, colonies. etc. To fulfill the said objective, a Joint Venture Agreement was executed between the Plaintiff and the Defendant No.2 by forming a Special Purpose Vehicle (SPV) by constituting a Private Limited Company under the name and style of M/s.Eagle Soraj Township Pvt. Ltd which is the Applicant No.1 i.e. the Defendant No.1 in the suit. The Plaintiff accordingly executed a Development Agreement dated 23/5/2006 as also a Power of Attorney in favour of the Defendant No.2 so as to carry out the purposes of the Joint Venture Agreement. The said Development Agreement and the Power of Attorney are registered documents which have been registered with the office of the Sub-Registrar, Maval, Pune. It is the case of the Plaintiff that though the said documents were executed and registered, they were not acted upon and therefore did not come into effect, and ultimately the Plaintiff informed the Defendants about the cancellation of the said Development Agreement and the said Power of Attorney, and also informed the Income Tax Authorities about the said Development Agreement not brought into force and the same being cancelled by the Plaintiff by a letter dated 20/3/2009. The cancellation of the said Development Agreement and the Power of Attorney was communicated to the Defendants by the Plaintiff by a letter dated 18/12/2009. It is the case of the Plaintiff that despite the above cancellation, the Defendant No.1 continued to keep its staff in the suit property. The Plaintiff therefore asked the Defendant No.1 to remove its staff. However on the Defendant No.1 failing to do so, that the suit in question came to be filed for injunction against the Defendants with the main substantive prayer as reproduced in