RAKMABAI BALIRAM PATIL Vs. RAVI WAMAN MHATRE

JUDGEMENT

(1.) The challenge in this Appeal from Order is to an order dtd. 18/12/2020 passed by the Civil Judge, Senior Division. Appellants in AO No. 2 of 2021 are original Defendant nos. 2 to 4. The Appellants in AO No. 854 of 2022 are the original plaintiffs. Appeal from Order No. 854 of 2022 is filed by the original plaintiffs challenging the very same impugned order. The interest of the appellants is common. The contest is between the appellants in both the Appeal from Orders on one side and the respondent no.1-defendant no.1 on the other.

(2.) The plaintiff nos. 1 to 25 (present respondent nos.2 to 26) filed a suit for declaration, avoidance and cancellation of contract and injunction. The details of the suit properties are mentioned in the plaint. The plaintiffs entered into Development agreement with the defendant no.1 on 22/12/2007 and executed Confirmation Deed, Power of Attorney on 16/1/2010 with respect to the suit properties mentioned in serial nos. 1 to 4 in the suit. An unregistered Memorandum of Understanding (MoU) dtd. 15/12/2010 was entered between the plaintiffs and the defendant no.1 in respect of the properties mentioned at serial nos. 5 to 11 in the plaint.

(3.) The plaintiffs executed registered Developments agreements with defendant no.2-firm on 16/10/2014 with regard to property at serial no. 65 (serial no.9). Another Development agreement with regard to serial no.73/9A and survey no. 72/1 (admeasuring 5300 square metres), at serial nos. 10 and 11 with defendant no.2-firm came to be executed. The plaintiffs on 16/10/2014, executed registered agreement of sale in favour of defendant nos. 3 and 4 in respect of property survey no. 72/1 (admeasuring 1600 square metres) at serial no. 10 in the plaint.