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2021 Supreme(Bom) 622

C.V.BHADANG
Kumar Builder – Appellant
Versus
Kumar City Residents Co-operative Housing Society Ltd – Respondent


Advocates appeared:
Virag Tulzapurkar, Advocate, Mihir Govilkar, Advocate, Govilkar, Advocate, Anturkar, Advocate

JUDGMENT

C.V. Bhadang, J. - The challenge in this revision application is to the common order dated 11th July 2019 below application Exhibit-37 Exhibit-52 and Exhibit-86 passed by the learned Senior Civil Judge, Pune in Special Civil Suit No.556/2019. By the impugned order the learned trial court has refused to reject the plaint under Order VII Rule 11 of the Code of Civil Procedure ( CPC for short).

2. The facts necessary for the disposal of the application may be stated thus :-

The aforesaid suit has been filed by the first respondent Kumar City Residents Cooperative Housing Society Ltd (Plaintiff) against the petitioners ( Defendant nos 1 to 5) and the respondent nos 2 to 4( defendant nos 6 to 8) for declaration, mandatory and prohibitory injunction, conveyance and damages etc.

Land Survey No.14 admeasuring 8 H 70.3 Ares and S No.13B Hissa No 1+2+3 admeasuring about 7H 69.5 Ares totally admeasuring about 16H 39.38 Ares i.e. 1,63,938 Sq. Mts of Village Vadgaon Sheri Tq Haveli Dist-Pune is the land which is referred to as the 'Project Land'. The said land was belonging to Tukaram Mulik and others. In the year 1991-92 the land owners had entrusted the development rights of the land to

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