VAIBHAV NAVNATH LOHOKARE Vs. UTTAM DIGAMBAR NAVGHARE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel for the parties. Applicant is Defendant No. 3 and Respondent No.1 is the only contesting Respondent being sole Plaintiff in the suit.

(2.) This Revision Application is filed challenging the order dtd. 6/5/2024 passed by the Civil Judge, Junior Division, Mohol, District - Solapur below Exh. 35 in Regular Civil Suit No. 318 of 2022. By the said impugned order, the application filed by the present Petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 ('CPC' for short) is rejected. The said application was made on 2 grounds, viz. that the plaint does not disclose any cause of action and it is barred by law of limitation.

(3.) Perusal of the plaint shows that the suit is filed for declaration that the Sale Deed dtd. 21/5/2013 executed by Defendant No. 1 in favour of Defendant No.2 and Sale Deed executed by Defendant No. 2 in favour of Defendant No.3 dtd. 29/9/2022 are hollow, without possession, without consideration, null and void and not binding on Respondent No.1. The prayer for perpetual injunction is also sought seeking protection of the alleged possession of the Plaintiff.