RAJESHREE PRAVIN SONAWANE Vs. ARVIND KUMAR

JUDGEMENT

(1.) HEARD the learned Counsel for both the parties. By the impugned order the trial Court allowed the respondent's application filed at Exh. No..No. 18 in Spl. Civil Suit No. 556 of 2010 for rejection/exclusion of the counter claim made by the petitioner.

(2.) THE respondent is the original plaintiff who has filed Spl.Civil Suit No. 556 of 2010 in the Court of the Civil Judge, (Sr. Division), Thane, Dist. Thane under section 6 of Specific Relief Act, 1963 for recovery of the possession of flat in question. In this suit, the present petitioner has filed written statement containing the counter-claim. As stated above, the respondent objected the counterclaim by filing an application which came to be allowed and the petitioner was directed to amend his pleadings.

(3.) IN my view, the trial Court has rightly hold that the petitioner's Counter-Claim cannot be entertained in a suit filed under section 6 of Specific Relief Act, 1963. The order does not suffer error on the face of record, warranting interference of this Court. Therefore, I am not inclined to interfere with the impugned order in the jurisdiction of this Court conferred under Article 227 of the Constitution of India.