AMAN HARISHKUMAR VIJ Vs. SHANTABAI ANANDRAO PATIL

JUDGEMENT

(1.) Rule. With the consent of and at the request of the learned Counsels for the parties, Rule is made returnable forthwith.

(2.) This petition challenges Order dated 28 October 2014 made by the 16th Joint Civil Judge, Junior Division, Pune, holding that it has pecuniary jurisdiction to try, entertain and decide Regular Civil Suit No.1490 of 2014 instituted by Respondent Nos. 1 to 21 (Original Plaintiffs).

(3.) The case set out by the Plaintiffs in the suit is that between the years 1972 and 1997, by means of several registered deeds and rectification deeds, the Plaintiffs purchased large property comprising inter alia 18 plots, open spaces, internal roads and common areas from the original vendors Bapu Gaikwad and Shankarrao Cornell. The original vendors however, by registered Sale Deeds dated 10 February 2009 and 19 April 2011, have purported to sell to the Petitioner (original Defendant No. 12), a portion of such large property admeasuring totally about 49 Ares corresponding mainly to the areas occupied by open spaces, internal roads and common areas. Such portion has been described as 'suit property' in the plaint. Apprehending that the Petitioner may deal with the suit property, the Plaintiffs have applied for declaration that they are the absolute owners of the suit property and injunctive relief to restrain the Defendants from interfering with the Plaintiffs possession of the suit property or from creating any third party interest in respect of the same.