A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.

JUDGMENT :

Milind Narendra Jadhav, J.

1. At the outset, Mr. Tulzapurkar, learned Senior Advocate appearing for the Applicant would submit that Interim Application No. 2017 of 2024 is filed for condonation of delay of 36 days in filing the Civil Revision Application (CRA).

2. I have perused the Interim Application. For the reasons mentioned in the Interim Application, Interim Application stands allowed in terms of prayer clause 'a'. Delay of 36 days stands condoned.

3. After allowing the Interim Application, present CRA is taken up for final hearing immediately.

4. This CRA takes exception to the order dated 16.09.2023 passed by the 2nd Civil Judge (Senior Division), Pune in Application filed below Exhibit "58" in Regular Civil Suit No. 787 of 2023. By the said Application, Plaintiff in the Civil Suit prayed for a decree / judgment on admission against Defendants (Defendant Nos. 1 to 4) under Order XII Rule 6 of the Code of Civil Procedure, 1908 (for short "CPC"). Parties shall be referred to as Plaintiff and Defendants for convenience. Mr. Tulzapurkar appears for Plaintiff and Mr. Anturkar appears for Defendants.

5. Mr. Tulzapurkar, learned Senior Advocate appearing for Plaintiff would submit that Defendants have filed their Affidavit-in- Reply to the Application for temporary injunction. He would submit that certain admissions by Defendants in their counter claims filed in two previous Suits admit and accept that Plaintiff is the legal owner of Suit property No. 1B and this needs to be considered for adjudicating the lis under Order XII Rule 6 of CPC. He would submit that Suit is filed for injunction against Defendants from interfering with the Suit property described as 1B in paragraph No. 1 of the Suit plaint which is the subject matter of Application filed by Plaintiff seeking decree on admission. According to him, the Suit property admeasures 14,927 square meters.

6. According to Plaintiff, he is entitled to the Suit property and acquired rights from its erstwhile owners namely the Murkute and Balwadkar families by diverse agreements, PoA and sale deeds at various points of time. The premise of the Plaintiff is that Defendants do not have any right, whatsoever in the Suit property as it belongs to the Plaintiff. He would submit that in the written statement/counter claim dated 10.11.2010 filed in Special Civil Suit No. 1548 of 2010 between the parties previously, paragraph Nos. 1 to 29 deal with the Suit plaint therein but thereafter from paragraph No. 30 onwards, Defendant Nos. 1 and 2 have filed their counter-claim. In that counter- claim, Defendants have referred to an area admeasuring 13.5 Ares out of land bearing Survey No. 15, Hissa No. 5 of Village Balewadi with its boundaries as belonging to Defendants and would contend that by virtue of such an averment made in paragraph No. 30b, Defendants have admitted that Plaintiff is the legal owner of the Suit property described in paragraph 1B of the Suit plaint, which according to Mr. Tulzapurkar corresponds with the Suit property described in paragraph No. 1B of the Suit plaint. Paragraph No. 30b of the written statement is appended at page No. 86 of the CRA. Similarly in paragraph Nos. 3 to 5 of the written statement / counter claim dated 10.11.2020 in Special Civil Suit No. 1551 of 2010, Defendant Nos. 3 and 4 have made a similar admission in respect of area admeasuring 16.5 Ares corresponding to Suit property 1B.

7. Revision Applicant / Plaintiff has filed a brief note and argued for seeking decree on admission on the basis of the above submissions. It is seen that both these Special Civil Suits stood withdrawn by Plaintiff but the counter-claims are still pending decision. According to Plaintiff, Defendants have in the aforementioned paragraphs 30b and 3 of their previous written statements / counter-claims admitted that Plaintiff is the legal owner and entitled to Suit property described in paragraph No. 1B of the Suit Plaint. This is the sum and substance of the submission