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2023 Supreme(Bom) 565

MILIND N. JADHAV
Ali Akbar Jafari – Appellant
Versus
Hiraman Tukaram Khandave – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. S.C. Wakankar, Advocate
For the Respondent:Mr. Sachin Gite, Advocate

JUDGMENT:

1. Civil Revision Application No.535 of 2022 takes exception to the order dated 05.05.2022 passed by the 2nd Additional Judge, Small Causes Court, Civil Judge, Senior Division, Pune (for short “the Trial Court”) below Exhibit 131 in Special Civil Suit No.1296 of 2012. Exhibit 131 is an Application filed by Defendant No.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking rejection of plaint. This Application is filed on 13.10.2018. The only ground for filing this Application after 6 years of filing the Suit is that during pendency of the Suit the original Plaintiff assigned its right in the suit property to the present Plaintiffs and consequently the present Plaintiffs (Respondent Nos.1 to 4 herein) stood impleaded in place of Original Plaintiff (Hiranandani Properties Private Limited) pursuant to the order dated 06.11.2015 passed below Exhibit 65 by the learned Trial Court.

2. Civil Revision Application No.545 of 2022 takes exception to the order dated 05.05.2022 passed below Exhibit 160 in Special Civil Suit No.1450 of 2012.

3. Facts are identical in both the Suits. Impugned orders are also almost identical.

4. Mr. Wakankar, learned Advoc

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