ANVARHUSEN MOHAMADSAHEB KHATIB THR. POA CHANDRASHEKHAR BABULAL SHAH – Appellant
Versus
NIJJAMUDDIN RABBANI KHATIB – Respondent
CRA 186/2021
1/27 00 CRA-173.21 & 186.21 (12-10).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.173 OF 2021
Viraj Estates Pvt. Ltd. & Ors.
]
... Applicant
Vs.
Shri Nijjamuddin Rabbani Khatib &
Ors.
]
]
... Respondents
ALONG WITH
CIVIL REVISION APPLICATION NO.186 OF 2021
Anvarhusen Mohamadsaheb Khatib
]
... Applicant
Vs.
Shri Nijjamuddin Rabbani Khatib
]
... Respondent
…
Mr. R.D. Soni i/b Ram & Co. for the applicant in CRA No.173
of 2021.
Mr. Haridas R.M. for the applicant in CRA No.186 of 2021.
Mr. Ashok Tajane for respondent No.2.
…
CORAM
: MRS. BHARATI DANGRE, J.
RESERVED ON
: 12TH OCTOBER, 2021.
PRONOUNCED ON : 23RD NOVEMBER, 2021.
AJN
JAYARAJAN
ANJAKULATH
NAIR
Digitally signed by
JAYARAJAN
ANJAKULATH NAIR
Date: 2021.11.23
19:09:27 +0530
2/27 00 CRA-173.21 & 186.21 (12-10).odt
ORDER:-
1.
The two Civil Revision Applications challenge the
common order passed below Ex-39 and Ex-61 by the 2nd Jt. Civil
Judge (Senior Division), Nashik on 20/08/2021 in Special Civil
Suit No.236 of 2020. By the said order, two applications moved
by the two sets of defendants being defendant No.2 and
defendant Nos.36 to 38 filed under Order 7 Rule 11 of the Code
of Civil Procedure (“CPC”), seeking rejection of plaint, came to
be rejected and the suit is directed to proceed further.
The applicants before me are these defendants, who are
aggrieved by the aforesaid order.
2.
Special Civil Suit No.236 of 2020 is instituted by one
Nijamuddin Rabbani Khatib and 14 others against one
Jahidhusain Mohammadsaheb Khatib and other members of
Khatib family being 46 in number and the suit property was set
out in the plaint as the immoveable property vide Survey
No.648/B located in District Nashik vide City Survey No.6861
in Town Planning Scheme No.2 being Final Plot Nos.311 and
311A admeasuring 13776 square meters. The suit property
covered an area of 12600 square meters after excluding an area
of 1176 square meters belonging to Shekhensaheb Khatib and
others. The case of the plaintiffs as set out in the plaint is to the
AJN
3/27 00 CRA-173.21 & 186.21 (12-10).odt
effect that the plaintiffs Nos.14 and 15 and predecessor of other
plaintiffs executed two agreements for sale on 05/05/1994 and
02/09/1993 along with two power of attorneys in favour of one
Rajendra Rasiklal Shah and Chandrashekhar Babulal Shah. The
said duo sold the property on the basis of the agreements to sale
and the power of attorneys in their favour, to defendant Nos.36
to 39 on 17/02/2016. In 2017, the plaintiffs filed an application
before the revenue authorities for recording their names in
revenue record when defendant Nos.36 to 39 raised an objection
and at this point of time, the plaintiffs became aware of the
alleged sale deed.
A suit was, therefore, instituted for partition and separate
possession against the defendants by challenging the sale deed
dated 17/02/2016 as well as the agreements to sale and also the
power of attorney executed in favour of Rajendra Shah and
Chandrashekhar Shah. It was prayed that the sale deed dated
17/02/2016 in favour of defendant Nos.36 to 38 was illegal and
not binding upon the plaintiffs and their share in the property and
a declaration was sought for its cancellation and to effect entries
to that effect in the land record of the Deputy Registrar, Nashik.
Partition was also claimed in respect of the suit property in
favour of the plaintiffs and defendant Nos.42 to 46 and it was
sought to be allotted to their share, after obtaining its possession
from Defendant Nos.36 to 39. It was also prayed that defendant
Nos.36 to 39 be restrained from creating any third party interest
b