GANGUBAI Vs. HEMANT

JUDGEMENT

(1.) By way of present Writ Petition, the petitioners are challenging the order dtd. 2/2/2023 passed by the Civil judge Senior Division, Aurangabad in Special Civil Suit No. 66/2021 whereby the Court was pleased to hold that it does not have territorial jurisdiction to try and decide the suit and directed transfer of the suit to the Court of Civil Judge Senior Division at Vaijapur.

(2.) The plaintiffs filed suit against the defendant nos. 1 and 2 in the Court of Civil Judge Senior Division, Aurangabad for specific performance of contract of sale dtd. 17/1/2019 in respect of the suit property and for perpetual injunction, restraining defendants from creating third party interest in the suit property, so also to restrain defendants from creating disturbance in the peaceful possession of the plaintiffs. The agreement to sell [Isar Pawati] dtd. 17/1/2019 was executed between parties at Aurangabad. It is contended by the plaintiffs that the plaintiffs are in possession of the suit property since 1990 on the basis of an earlier agreement to sell and a fresh agreement of sale was executed on 17/1/2019 for sale of suit property at enhanced consideration. It is stipulated in the agreement dtd. 17/1/2019 that the plaintiffs had paid an amount of Rs.30,000.00 to the defendants as part consideration and remaining amount is of Rs.19,70,000.00 which the plaintiffs has to pay to the defendants. The plaintiffs got information on 7/2/2021 that the defendants have obtained heirship certificate and that the defendants are trying to transfer the suit property to a third person. As such, the plaintiffs filed a suit for above relief.

(3.) Thereafter, the defendants appeared in the suit and filed an application for framing the preliminary issues regarding maintainability of the suit and jurisdiction of the court vide Exh.12. The defendants raised objection that the suit property is immovable property which is situated at village Akoli Wadgaon within the jurisdiction of civil court at Vaijapur and the plaintiffs have filed suit for specific performance of contract at Aurangabad.