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2022 Supreme(Bom) 1159

VINAY JOSHI
Prakash – Appellant
Versus
Navnath – Respondent


Advocates appeared:
Sachin Deshmukh, Advocate, V.D. Hon, Advocate, A.V. Hon, Advocate, A.I. Deshmukh, Advocate

JUDGMENT

Vinay Joshi, J. - Heard finally by consent of both learned Counsels at the stage of admission.

2. The revision petitioner has claimed exception to the order dated 30.11.2021 passed in RCS No.245 of 2021 on Exh.20 by learned Joint Civil Judge, Junior Division, Nanded, whereby the application for rejection of plaint in terms of Order 7 Rule 11 (d) of the Code of Civil Procedure has been rejected.

3. The facts necessary to decide this revision petition in brief are that the revision petitioner was defendant No.2 in RCS No.245 of 2021. The said suit was filed by respondent Nos.1 to 6 (plaintiffs) seeking relief of declaration of joint ownership and possession in respect of immovable property. Likewise declaration has also been sought that compromise decrees passed in RCS No.122 of 2019 and 157 of 2019 are void and not binding on plaintiffs. Besides that the relief of perpetual injunction has been claimed. The said suit was filed against petitioner (Prakash) and respondent No.7 Vishwanath. In said suit, petitioner Prakash has applied vide Exh.20 for rejection of plaint in terms of Order 7 Rule 11(d) of CPC. It was contended that compromise decree passed in RCS Nos.122 of 2019 and

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