JUHI INFRA BUILD LLP Vs. YASIN MAHAMUDIYA PATEL

JUDGEMENT

(1.) The Applicant has filed the present Civil Revision Application challenging the order dtd. 21/1/2021 passed by the 3 rd Joint Civil Judge Senior Division, Panvel, rejecting its Application at Exhibit-13 seeking rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code).

(2.) Plaintiff has instituted Special Civil Suit No. 619/2018 against CIDCO officials and Defendant Nos.5 to 7 seeking a direction for allotment of land admeasuring 400.23 sq.mtrs. from the land allotted to Defendant Nos.5 to 7 of 9300 sq.mtrs. on the ground that Plaintiff has been possessing total land admeasuring 6200 sq.mtrs. at Plot no.10A, Sector 39A, Kharghar, Navi Mumbai. Plaintiff has also sought permanent injunction against CIDCO officials from issuing any development permission in favour of Defendant Nos.5 to 7 till portion of land admeasuring 400.23 sq.mtrs. is deducted from allotment made in the name of Defendant Nos.5 to 7 and the same is allotted to Plaintiff.

(3.) Applicant, who is Defendant No.5 in the Suit, filed Application at Exhibit-13 seeking rejection of Plaint under Order VII Rule 11 of the Code. The Application was opposed by the Plaintiff by filing his reply. By impugned order dtd. 21/1/2021, the Trial Court has proceeded to reject the Application for rejection of Plaint which has led to filing of the present Civil Revision Application.