PARAG PRAKASH MUTHA Vs. KASHINATH BARKU BHALSINGH

JUDGEMENT

(1.) Petition arises out of a challenge set up by Petitioner-son to the order dtd. 10/1/2022 passed by the 7th Additional Judge, Small Causes Court and Joint Civil Judge Senior Division Pune allowing application filed by Respondent Nos. 5 and 6 (parents) at Exhibit-62 by which Court has directed the son to add his parents as parties to son's suit.

(2.) Brief facts of the case, shorn of unnecessary details are as under: The suit property bearing Gat No.570/2 admeasuring 48 Ares situated at Village- Kolwadi, Taluka-Haveli, District-Pune was originally owned by one Shri. Laxman Bhairu Bhole and others. The same was purchased by Shri. Kashinath Barku Bhalsingh by way of registered sale-deed dtd. 23/9/1986. Shortly after the purchase transaction, Shri. Kashinath Barku Bhalsingh sold the suit land in the name of Petitioner-Plaintiff by way of registered sale-deed dtd. 26/11/1992. Petitioner-Plaintiff claims that he was put in vacant and peaceful possession of the suit land.

(3.) By way of registered sale-deed dtd. 3/10/2018, the legal representatives of Shri. Kashinath Barku Bhalsingh (Respondent Nos.1.1 to 1.5) sold the suit land in the name of Respondent/Defendant Nos. 2 to 4. Petitioner-plaintiff therefore filed Regular Civil Suit No. 348/2019 in the Court of Civil Judge Junior Division, Pune seeking a declaration that he is the owner of the suit land by virtue of registered sale-deed dtd. 26/11/1992. He sought a further declaration that the sale-deed dtd. 13/10/2018 executed by Respondent Nos.1.1 to 1.5 in favour of Respondent/Defendant Nos.2 to 4 was not binding on them. Petitioner/Plaintiff later decided to enter into compromise deed with Respondent/Defendant Nos.2 to 4 and accordingly a compromise agreement was executed on 1/4/2021, under which Petitioner-plaintiff decided to give up his rights in respect of the suit land for consideration of Rs.80,00,000.00.