Pruthviraj Ganapatsing Rajput And ORS v. Jayprakash Radheshyam Bharadiya And ORS

1 36-CRA-545-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 545 OF 2024 Pruthviraj Ganapatsing Rajput And Ors ...Applicants

Versus

Jayprakash Radheshyam Bharadiya And Ors

...Respondents

SNEHA NITIN CHAVAN **** Mr. Nitin Gaware Patil a/w Mr. Shubham Wadne for the Applicants. **** SNEHA NITIN CHAVAN Date: 2025.03.17 15:26:27 +0530 CORAM :

M.M. SATHAYE, J.

DATE :

17th MARCH 2025 P.C. :

1.

Heard learned counsel for the Applicants who are Defendant Nos. 6, 7 and 8.

2.

By the impugned order, the Applicants' application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for rejection of the plaint) is rejected.

3.

Inviting the Court's attention to the averments and prayers made in the plaint, learned counsel for the Applicants submitted that prayers are drafted in such a manner that they ultimately seek to challenge the N.A. permission granted to the Applicants as well as development in the adjoining land of the Applicants which is on the Northern and Eastern side of the subject matter 40R property. He submitted that, therefore if the pleadings and prayers are carefully read, the bar under Section 149 of the Maharashtra Regional and Town Planning Act, 1966, as well as Section 158 of the Maharashtra Land Sneha Chavan 1/2

2 36-CRA-545-2024.doc Revenue Code, 1966 would apply. He submitted that the Court must see through the clever drafting and it must be held that the suit, as filed, is barred by provisions of law.

4.

For the time being, issue notice to Respondent No.1, returnable on 15.04.2025.

5.

In addition to the Court's notice, private notice is permitted. Notice to indicate that subject to time constraints, an endevour will be made to finally hear the revision application. (M.M. SATHAYE, J.) Sneha Chavan 2/2