SAKHARAM G. MAHADIK Vs. SWAGAT BUILDERS AND DEVELOPERS

JUDGEMENT

(1.) Both the Civil Revision Applications arise out of the orders passed in applications fled under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (C.P.C.) in Special Civil Suit No. 100 of 2022. The Revision Applicant in CRA No. 52 of 2023 is defendant No. 1 and the Revision Applicants in CRA No. 40 of 2023 are defendant Nos. 3 and 4 in the Special Civil Suit No. 100 of 2022. As the orders arise out of applications fled in Special Civil Suit No. 100 of 2022, the matters were heard together and is being decided by this common judgment.

(2.) For the sake of convenience the parties are referred to by their status before the trial Court.

(3.) The facts of the case are that the plaintiff frm through its partner fled Special Civil Suit No. 100 of 2022 on 9/3/2022 inter alia seeking recovery of sum of Rs.95,84,520.00 alongwith interest thereon from defendant Nos. 1 to 4, and for a declaration that all resolutions, remarks and orders passed by defendant No. 1, Municipal Corporation in respect of the payment of compensation to defendant Nos. 2 to 4 are illegal, void, fraudulent and beyond the authority and as such are liable to be rejected. The plaintiff also prayed for implementation of the Government Notifcation dtd. 29/4/2005 to include the acquired land in the reservation of the adjacent plot and consequential rectifcation of the layout.