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2023 Supreme(Bom) 62

MILIND N. JADHAV
Bagmane Developers Pvt Ltd (Formerly known as Bagmane Constructions Pvt Ltd) – Appellant
Versus
Future Sector Land Developers LLP – Respondent


Advocates Appeared:
For the Applicant :Mr. Darius J. Khambata, Senior Advocate a/w Mr. Karan Sukhana and Mr. Shravanth Arya Tandara i/by Mr. Aditya S. Targe & Ms. Sneha G. Sanap.
For the Respondent:Mr. Janak Dwarkadas, Senior Advocate a/w Mr. Sonam Mhatre and Ms. Saloni Sulakhe i/by Dhaval Vussonji & Associates, Mr. Vijay B. Dhingreja a/w Mr. Chetan Yadav and Mr. Ranish Mishra i/by VJ Juris.

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:-

    “(a) This Hon’ble Court may be pleased to call for the record of Spl. Civil Suit No. 921/2021 before the Ld. Jt. Civil Judge, Senior Division, Pune and after verifying the correctness, legality, genuineness, authenticity and propriety of the Impugned Order dated 22.04.2022 passed therein, be pleased to quash and set aside the Order dated 22.04.2022.”

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

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