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HIGH COURT OF BOMBAY
MILIND N. JADHAV, J
Mr. Ali Akbar Jafari – Appellant
Versus
Shri. Hiraman Tukaram Khandave – Respondent
| Table of Content |
|---|
| 1. application for plaint rejection based on assignment disputes. (Para 1 , 2 , 3) |
| 2. defendants argue claims are barred by law due to previous assignments. (Para 4 , 6) |
| 3. court confirms validity of plaintiffs' cause of action—no specific performance needed. (Para 7 , 8 , 9) |
| 4. plaintiffs’ aims for cancellation do not fall under specific relief act's restrictions. (Para 10 , 11 , 12) |
| 5. court upholds trial orders—applications dismissed. (Para 13 , 14) |
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 (Respon
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