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MILIND N. JADHAV
Bagmane Developers Pvt Ltd (Formerly known as Bagmane Constructions Pvt Ltd) – Appellant
Versus
Future Sector Land Developers LLP – Respondent
JUDGMENT :
1. Heard Mr. Khambata, learned Senior Advocate for Applicant in CRA No.372 of 2022 and Mr. Y.K. Tiwari, learned Advocate for Applicant in CRA No. 5 of 2023; Mr. Dwarkadas, learned Advocate for Respondent Nos. 1 and 2 and Mr. Dhingreja, learned Advocate for Respondent No. 139.
2. Applicants have challenged the common order dated 22.04.2022 passed by the learned Trial Court rejecting their Applications to return the plaint to the Plaintiff for filing before the appropriate Court.
3. For convenience, facts in CRA No. 372 of 2022 shall be referred to. By the present Civil Revision Application, Applicants have prayed for the following relief:-
4. The impugned order dated 22.04.2022 is a common order passed below Exh. 75, 77, 82 and 377 filed by Defendant Nos. 66, 67, 139 and 117 respectively under Order 7, Rule 10 of the Code of Civil
(1) Return and rejection of plaint – If a plaint is rejected under Order VII Rule 11 of CPC, only remedy is to file a fresh plaint within parameters of Order VII Rule 13 of CPC and question of presen....
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
Jurisdiction over immovable property cannot be altered by agreement; the local court where the property is situated retains jurisdiction.
A suit for specific performance regarding immovable property must be filed in the jurisdiction where the property is located, as per Section 16 of the CPC.
Agreement to sell – Even if suit for specific performance is decreed without specific decree for transfer of possession of suit property, same can be enforced only when trial court directs defendants....
The main legal point established in the judgment is that a "suit for land" should be filed in the court within whose jurisdiction the land is situated, as determined by Clause 12 of the Letters Paten....
The court emphasized the right of shareholders to seek remedies in civil courts when concurrent NCLT proceedings exist, affirming jurisdiction based on personal obedience criteria for territorial sui....
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