JUDGMENT :

1. The applicant is challenging the order passed by the Joint Civil Judge Senior Division, Aurangabad, in Special Civil Suit No.142 of 2009, thereby the learned Court was pleased to dismiss the application under Order VII Rule 11 of the Code of Civil Procedure filed by the applicant herein.

2. Heard learned Advocate Mr. V. D. Sapkal for applicant and learned Advocate Ms. M. D. Thube-Mhase for respondent.

3. The brief facts which lead to the filing of the application under Order VII Rule 11 of the Code of Civil Procedure can be summarized as under :-

The applicant filed a Regular civil Suit No.731 of 2007 for injunction restraining the respondent herein from interfering with the suit property which is an agricultural land in Gut No.92 admeasuring 5 H 75 R to the extent of 3 H 38 R situated at village Shankarpurwadi, Taluka Khultabad, District Aurangabad. The respondent filed a counterclaim in the said suit seeking a relief of specific performance of an agreement to sell the part of suit land to the extent of 3 Acres on the basis of an agreement to sell dated 06/09/2003, executed between the parties. The applicant took objection to the counter claim as being beyond the pecunia