JUDGMENT :

Vivek Rusia, J.

Heard through video conferencing.

Mr. Pankaj Kumar Sohani, learned counsel for the petitioner.

Applicants/defendants have filed the present revision being aggrieved by the order dated 12/9/2020 passed by 1st Civil Judge, Class I, Khargone whereby the application filed under Order 7 Rule 11 CPC has been dismissed.

Facts of the case in short are as under:

1. The respondent/plaintiff has filed the suit for a permanent injunction against the applicants/defendants. According to the plaintiffs, defendants are the owner of land Survey No. 20/1/2 area 1.923 hectare, Survey No. 20/4 area 1.012 hectare, survey No. 20/5 Area 1.011 hectare total 3.946 hectares situated at Gram Sukhpuri Tehsil Khargone (in short 'suit land'). A Development agreement dated 30/4/12 was executed between plaintiff and defendants for the development of the suit land. As per terms and conditions of the agreement, the right to sale of 30% of the developed plot was given to the defendants and right to sale plots of remaining part of the land was retained by the plaintiff. Thereafter plaintiff applied for diversion before the SDO and order of diversion was passed on 22/9/2012. Thereafter Director To