SHREE CONSTRUCTION COMPANY Vs. BAGWE HOUSING PVT. LTD.

JUDGEMENT

(1.) By this Interim Application, the Defendant No. 9 seeks rejection of the Plaint under Order VII Rule 11 (d) of the Code of Civil Procedure,1908 (CPC).

(2.) Mr. Sharan Jagtiani, learned Senior Counsel for the Defendant No. 9 submits that the present Suit mainly seeks a declaration to cancelling/ nullifying two Deeds of Surrender both dtd. 13/2/2006 executed between Defendant No. 1 and Defendant Nos. 2 to 8.

(3.) The Plaintiff's case is that by an agreement dtd. 15/7/1994, Defendant Nos. 2 to 8 had granted development rights in respect of the Suit property bearing old CTS Nos. 182 and 182/1 to 5, admeasuring 4972 square meters., now bearing CTS Nos. 182/A, 182/B, 182/C, 182/D, 182/E admeasuring 5057.70 square meters, situate at Village Mogra, Taluka- Andheri, Mumbai Suburban District, Old Nagardas Road, Andheri (East), Mumbai - 400069.