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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SHAILESH P.BRAHME
Lahoti Properties – Appellant
Versus
Gangabhishan, S/o Madangopal Bhutada – Respondent
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Heard both sides finally with their consents.
2. Applicants are assailing order dated 03.02.2026 passed below Exhibit 41, refusing to reject plaint under Order VII Rule 11 of the Code of Civil Procedure (for the sake of brevity and convenience hereinafter referred as to the “C. P. C.”) in Spl. C. S. No. 216 of 2023. They are original defendant Nos. 1 to 5. The respondent No. 1 is the original plaintiff. The respondent Nos. 2 to 5 are original defendant Nos. 6 to 9. Parties are referred to by their original status in the suit.
3. The controversy pertains to 32 plots which are part and parcle of gut No. 4/5 admeasuring 1H 24R situated at Khopegaon, Tq. and Dist. Latur. The plaintiff and his family members are the owner of the subject matter and other lands. A development agreement was executed and registered on 31.05.2014 between the defendant No. 1 on one hand and the plaintiff and others for the purpose of housing project which was to be completed within four years. Accordingly defendant No. 1 paid Rs. 3.20 crores to the plaintiff and other persons. The plaintiff received Rs. 82 Lakhs towards his share. There were disputes and development agreement
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