NAVNATH DATTATRAY LOKHANDE Vs. KUNAL VIKRAM SAWANT

JUDGEMENT

(1.) Heard Mr. Nikte, learned Advocate for Applicants and Mr. Deo, learned Advocate for Respondents.

(2.) The present Civil Revision Application (for short 'CRA') challenges the order dtd. 17/10/2019 passed by the learned Trial Court below Exhibit '26' in Special Civil Suit No.851 of 2019 whereby Application filed by Defendant Nos.3 to 5 under provisions of Order VII Rule 11 of Code of Civil Procedure, 1908 (for short 'CPC') for rejection of Suit plaint / Suit has been rejected.

(3.) Parties shall be referred to as 'Plaintiffs' and 'Defendants' for ease of reference and convenience. Plaintiffs filed Special Civil Suit (for short 'SCS') No.851 of 2019 seeking cancellation of registered Sale Deed dtd. 28/5/2018 executed between Defendant No.1 and Defendant Nos.3 to 5 and also sought injunction against Defendant Nos.3 to 5. In the said Suit, Plaintiffs have arraigned the Defendants in two groups. Defendant No.1 is Krushnabai @ Kisnabai Ganpat Alandkar / Koli who is admittedly the owner of Suit Property described as land bearing Survey No.175 Hissa No.3 situated in Village Manjairi Budruk District Satara admeasuring 0 H 95 R (for short 'Suit property'). Suit property originally belonged to husband of Defendant No.1 Mr. Ganpat Alandkar who expired on 31/8/1989. There was certain Government encumbrance on the Suit property and therefore name of State Government was reflected in the Revenue Record alongwith the name of Mr. Ganpat Alandkar since long. Defendant No.2 is Vitthal Narayan Alandkar, a relative of Defendant No.1 and constituted Power of Attorney of Defendant No.1. Defendant No.2 represented Defendant No.1 before the Revenue Authorities and successfully managed to remove the name of the State Government from the Revenue Record of the Suit property as also brought on Revenue Record the name of Defendant No.1 Krushnabai Ganpat Alandkar as holder of the Suit property.