(1.) Heard Mr. Narvankar, learned Advocate for Applicants; Dr. Chandrachud, learned Advocate for Respondent No. 1 and Ms. Desai, learned Advocate for Respondent No. 15. None present for the other Respondents.
(2.) Applicant No.2 - M/s. Mahabharat Builders in the Civil Revision Application (CRA) is Defendant No. 15 in the suit. Principal contesting Respondent is Respondent No.1 who is Plaintiff in the Suit. Plaintiff filed the suit on 2/5/2023 seeking a declaration that the registered Sale Deed dtd. 20/3/1969 executed between grandfather of Plaintiff and one Shankarrao Parshuram Jadhav, predecessor-in-title of Defendant No. 1 to 10 and another registered Sale Deed dtd. 15/4/2008 executed between Defendant No.1 to Defendant No.10 and Defendant No.11 to Defendant No.15, be declared illegal, null and void and not binding on Plaintiff and be cancelled and set aside.
(3.) Defendant No. 11 to 15 filed Application below Exhibit [-] under Order VII Rule 11 (a) and (d) of the Code of Civil Procedure, 1908 (for short "CPC") for rejection of the Suit Plaint. By the impugned order dtd. 29/11/2023, learned Trial Court dismissed the Application on the ground of no cause of action and holding that on reading of the Suit Plaint it was concluded that Plaintiff became aware of the impugned registered Sale Deeds dtd. 20/3/1969 and 15/4/2008 only in the year 2022 for the first time.