KAMAL HIRAMAN HOLE Vs. ATRIUM HOLMES LLP

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of both the sides, the petition is taken up for fnal hearing.

(2.) By this Petition, Petitioners/Plaintiffs have challenged order dtd. 5/3/2022 passed by the Jt. Civil Judge, Senior Division, Pune thereby allowing the application fled by Defendant no.1 under the provisions of Order 7 Rule 11(b) and (d) of the Code of Civil Procedure and directing Petitioners/Plaintiffs to pay the court fee on the market value of the suit property to the extent of 3/5th share. Plaintiffs/Petitioners are thus directed to pay maximum court fee of Rs.3,00,000.00 and on failure to pay the same, the plaint is directed to be rejected.

(3.) Plaintiffs/Petitioners have fled Regular Civil Suit No.54 of 2021 seeking 3/5th undivided share in the suit property. Plaintiffs/Petitioners have also sought a declaration that the sale deed dtd. 1/7/2014 executed by Defendant Nos.2 to 7 in favour of Defendant no.1 is not binding on their 3/5th share. Petitioners/Plaintiffs have sought injunction against Defendant No.1 from carrying out any construction on the suit property. Petitioners/Plaintiffs have also sought relief for demolition of construction erected by Defendant No.1.