HONESTY LAND DEVELOPERS Vs. MADHUKAR SONAJI SALVE

JUDGEMENT

(1.) The appellants, who are the original plaintiffs in Regular Civil Suit No. 810 of 2011, have challenged the judgment and order dtd. 8/12/2023 passed by the learned District Judge-1, Aurangabad i.e. the learned First Appellate Court, in Regular Civil Appeal No. 139 of 2014. Under the said judgment and order, the learned First Appellate Court, by allowing the appeal has set aside the judgment and order dtd. 21/4/2014, passed by the learned trial Court i.e. 8th Jt. Civil Judge, Junior Division, Aurangabad in the aforesaid civil suit.

(2.) The appellants/plaintiffs have preferred the aforesaid Regular Civil Suit No. 810 of 2011 for permanent injunction to restrain the respondents/defendants from causing obstruction to their possession over the suit plots namely plot Nos. 1 to 12, 15, 16, 20, 23, 26 to 28, 32, 37, 46, 69, 71, 72, 76 to 79, 82 to 86, 89 to 93 and 95 i.e. in all 40 plots out of joint layout plan on certain portion of land Block Nos. 124 and 125 situated at village Gandheli, Taluka and District Aurangabad. The appellants/plaintiffs are claiming that the aforesaid suit plots have been purchased by them in an auction held by the HDFC Bank. According to the plaintiffs, Smt. Parvatabai Jagannath Rithe, Govind Kaduba Rithe, Karbhari Jagannath Rithe and Raju Jagnath Rithe all resident of Chikalthana, were the owners of the land admeasuring 85 R in Block Nos. 124 and 41 R in Block No. 125. They had executed registered power of attorney dtd. 11/3/2002 in favour of Kalyan Dnyandev Hivale and Kacharu Suryabhan Hivale for development of the aforesaid land and to prepare lay out in respect of the said lands, by dividing it into plots. The aforesaid original owners (hereinafter referred to as "Rithe Family Members") had also authorized Kalyan Hivale and Kacharu Hivale to sell the plots from the proposed layout on the said land under the said power of attorney. Accordingly, the aforesaid power of attorney holder Kalyan and Kacharu prepared sanctioned layout consisting in all 96 plots and sold them to different purchasers under the respective sale deeds on the basis of power of attorney issued by Rithe Family Members.

(3.) Some of the purchasers of those plots, for raising finance, had mortgaged the same with HDFC Bank, but when they became defaulters and their accounts were converted into 'non- performing asset' (NPA), H.D.F.C. Bank seized those plots under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act") and sold those plots in auction. The plaintiffs purchased the aforesaid suit plots in the said auction vide sale certificate dtd. 14/8/2008 and accordingly their names were mutated in Revenue Record of those plots vide mutation entry No. 1869, certified on 22/9/2008. The plaintiffs then applied for measurement of land to the Land Records Office which was carried on 20/5/2009. According to the plaintiffs, Rithe Family Members had already sold out their entire land existed in Survey Nos. 124 and 125 under the power of attorney and therefore, they had no concerned with the plots of entire layout prepared by Kalyan and Kacharu.