MANISH PITALE
Mohan – Appellant
Versus
Kai. Vasantrao Naik Magasvargiya Gruh Nirman Sahakari Sanstha – Respondent
1. This civil revision application arises out of a common order dated 14.09.2017 passed by the Court of Joint Civil Judge, Senior Division, Buldana, whereby two applications filed under Order VII Rule 11 of the Civil Procedure Code, 1908 (CPC) for rejection of plaint, stood dismissed. It was the case of the applicants herein that the suit filed by the respondent no.1 was not maintainable, considering the factual position of this case and that only a proceeding under Section 47 of the CPC was maintainable before the executing Court.
2. The facts leading up to filing of this revision application are that on 15.01.1986, a sale deed was executed by Bhagwan s/o Sampat Solanke, husband of the applicant No.3 herein and father of applicant Nos. 1 and 2 in favour of the deceased respondent no.3 Tukaram Kusalkar in respect of the suit property, being land at Survey No. 34/4 admeasuring 1 H 1 R in district Buldana. In the sale deed, the said deceased respondent no.3 was shown as Chief Promoter of the respondent no.1 Society, which at that stage was a proposed society and it was yet to be registered. It is the case of the respondent No.1 society that the deceased respondent No.3 had p
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