IN THE COURT OF HON’BLE CIVIL JUDGE SENIOR

DIVISION AKOLA

Spl.C.S.No /23

PLAINTIFF: - Pravin Ratanlal Varma

Age 48 Yrs, Occ-Agriculturist &Business,
R/o. Goyanka Nagar, Murtizapur
Tq. Murtizapur, Dist.Akola

....VERSUS….

DEFENDANTS: - 1. Rajendra Bapuso Patil,

Age 44 yrs, Occ-Business

R/o. Sanket Complex S 1,Mangrulpir Road,

Kaulkhed Road, in front of Aarogya Nagar,

Akola, Tq. & Dist.Akola

2. Manik Vasram Pawar,

Age 52 Yrs, Occ-Agriculturist

R/o. Gaulkhedi, Po.Wai Mana,

Tq. Murtizapur, Dist.Akola

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 SUIT FOR DECLARATION AND PERMAENT INJUNCTION

Suit valued for the purpose of Court fees @ Rs.2,000/- (Two Thousand)
& for the purpose of Jurisdiction @ Rs.21,01,000/-only)

The plaintiff most respectfully submits as under:-

1. Description of the property

An Agricultural Field bearing Gat No.14/3, admeasuring 1.24
H.R. out of total land admeasuring 2.70 H.R. situated at Mouze Sonori,
Tq. Murtizapur, Dist.Akola which is bounded as follows: -
To the East :- Sr.No.25,
To the West :- Field of Muktabai Shitole & others,
To the North :- Field of Shri Nathmal Varma&
To the South :- Field S.No.19
(The above said property is the subject matter of the suit.)
2. That, the plaintiff along with the defendants and one more
person namely Sunil Sukhdeorao Thakre jointly purchased the above
agricultural field property admeasuring 1 H 24 R by virtue of a
registered sale deed dtd.26/09/2012 vide document no.2884/2012 duly
registered before the Sub-Registrar Office, Murtizapur. Thus, they
became the joint owners of the above property and they are having joint
undivided common share in the above property and having common
interest & possession in the suit property. That the mutation is duly
recorded in the revenue record at serial no.1428.
3. It is submitted that from the date of purchase of the suit
field, there is a mutual understanding amongst all the four joint owners
that they shall have common, joint and undivided share in the said
property. That one of co-owner by name Sunil s/o Sukhdeorao Thakre

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was in need of the money and therefore it was decided to purchase his
joint undivided share by other co-owner. Therefore, in the year 2014,
said Sunil Sukhdeorao Thakre sold his joint undivided share in the
above property to one of the co-owner i.e, defendant no.1 by virtue of a
registered sale deed dtd.24/02/2014 vide document no.497/2014 duly
registered before the Sub-Registrar Office, Murtizapur.
4. It is submitted that even after the above said sale deed, the
character and status of the above said property is not changed and the
same was and is joint property and the joint undivided share of the said
Sunil Thakre came in common & joint hotpotch of other remaining
owners. The suit field was never intended to be partitioned or
fragmented by any of the co-owner by depriving the right, title and
interest of any of the other co-owner/s. Since the date of purchase of the
above-said field property, the same was and is enjoyed by all the co-
owners jointly and commonly. Therefore, it was never partitioned by
metes and bounds in between all the co-owners. Even the independent
portion/shares of each co-owner was neither determined nor partitioned
since the date of its purchase.
5. That, in the year June 2023 the defendants acted in
collusion and hand in glove and they got executed a null and void sale
deed in between themselves. The defendant no.2 executed an illegal sale
deed in respect of his alleged share of 0.31 HR out the above-said field
property in favour of defendant no.1, without ascertaining & legal
partition between all the joint owners. The Ld. Collector vide illegal
and unlawful order dated ______, granted permission to the
defendants to execute the sale deed of portion admeasuring 0.31 HR
belonging to defendant no.2. It is pertinent to mention here that, the

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above sale deed is got executed without giving any notice or opportunity
to the plaintiff either to purchase it or put forth his submissions, as
required under the law. The abovesaid illegal sale deed was executed/
registered vide document no.2266/2023 on dt.14/06/2023 before the
Sub-Registrar office, Murtizapur.
6. It was incumbent on the part of the defendants as well as
the revenue authorities to inform or issue notice before proceeding with
the alleged transaction. As no separate portion or share has been
decided amongst the co-sharers in respect of suit field, no such
permission to sell or sale deed should have been executed by
depriving the rights of the plaintiff. The revenue authority passed
illegal order, thereby giving permission to the defendants to execute the
sale deed of the undivided share from the suit field. The said order will
cause great injustice to the rights of the plaintiff. Hence the plaintiff has
challenged the said order of the SDO, Murtizapur before the competent
appellate authority. The said matter is still pending before it.
7. It is submitted that on the basis of the abovementioned
illegal mutation/ sale deed in respect of the suit property, the revenue
authorities have taken illegal mutation in respect of the said property.
The defendant no.1, on the basis of such illegalities, is trying to create a
third-party interest in the suit property and deal with the same and do
other illegalities as per their whim, will and caprice. In case, the
defendants are successful in doing so, the same will cause great
injustice, loss and prejudice to the right, title & interest of the plaintiff
over the said property as per the statutory law and the plaintiff will be
affected by all means. The plaintiff submits that the suit property cannot
be transferred or sub-divided unless the rights, title and interest of all the

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co-sharers is safeguarded taking into consideration all the relevant facts
and law. The defendant no.1 has illegally sub-divided the suit property
and it is learnt from the credible sources that he is illegally and high-
handedly trying to sell his joint undivided & non-partitioned share on
the basis of illegal order & mutation entries. It is submitted that the
defendants have no right to execute the void & illegal sale deed in any
manner whatsoever and also by by-passing the statutory provisions of
law.
8. It is humbly submitted that though the plaintiff has
challenged the order of the revenue authority before the competent
authority but still the remedy/ authority to seek/ grant a declaration
that the sale deed dated 14/06/2023 is null, void and not binding
upon the plaintiff to cancel the sale deed dtd.14/06/2023 as well as to
seek injunction against the defendants is with this Hon’ble Court.
Therefore, the plaintiff is left with no option but to approach this
Hon’ble Court to exhaust the remedy provided under the law. If the said
sale deed is allowed to stand as it as, then it is likely that defendants by
taking the advantage of the null, void and illegal sale deed, may misuse
the same and they may create further complications, which will cause
direct loss to the plaintiff and right, title and interest of the plaintiff will
be totally affected and the same will result in further complications and
multiplicity of the proceedings. Thus, the plaintiff is compelled to file
the present suit thereby seeking necessary reliefs.
9. The plaintiff is claiming decree of declaration that the
alleged sale deed executed vide document no.2266/2023 on
dtd.14/06/2023 before the Sub-Registrar office, Murtizapur as null and
void-ab-initio as it has been executed in contravention of law and that

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the same is not binding on the plaintiff and also for it’s cancellation.
Similarly, the plaintiff is further seeking decree of permanent
injunction thereby restraining the defendants from creating any
third-party interest in the suit property. The act and omission on the
part of defendants are illegal per se and not tenable in the eyes of law.
10. The plaintiff took all lawful efforts to stop the illegal act of
the defendants but they are in no mood to abide the law. Therefore, the
plaintiff is filing instant suit along with documents, which prima-facie
shows the illegality and malafides. The plaintiff being the co-sharer has
every right to protect his property as the said property is joint and
undivided and therefore the balance of convenience is also in favor of
the plaintiff. If the defendants are not restrained from creating any third-
party interest in the suit property or dealing with the same in any manner
whatsoever, then the plaintiff will be put to irreparable loss without any
fault on his part and he will suffer by all means.
11. The cause of action to file the present suit firstly arose on
dt. 14/06/2023, when the defendants executed the alleged sale deed and
thereafter in the month of September 2023, when the plaintiff got the
actual knowledge of the illegal activities and documents allegedly
executed by the defendants and the same is in continuation, within the
jurisdiction of this Hon’ble Court.
12. The Suit is valued for the purpose of Court fees @
Rs.2,000/- (Two Thousand) for Jurisdiction @ Rs.21,01,000/-(Twenty
One Lacks and One thousand only) and necessary court fees is paid
herewith as per the provisions of Maharashtra Court Fees Act.
13. The claim of the plaintiff is oral and he is relying on the
documents filed as per list. The plaintiff is filing the copy of the sale

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deed Sale Deed dtd.14/06/2023 vide document no.2266/2023 on record
as it is necessary to file the same, though the plaintiff is not relying on
the same.The plaintiff further craves permission to file the additional
documents and amend the pleadings as and when deemed necessary
under the circumstances of the case.
14. The plaintiff is permanent resident of Murtizapur, Tq.
Murtizapur Dist. Akola and the subject matter is situated, within the
jurisdiction of this Hon’ble court, hence this court has jurisdiction to try
and decide the present suit.
15. There is no amicable settlement of suit claim between the
parties any way out of court, till the filling of the present suit before this
court.
16. The plaintiff has not filed any suit against the defendants
earlier and no interim relief was claimed by the plaintiff against them.

PRAYER:-It is therefore most humbly prayed that Hon’ble Court may

kindly be pleased to:-

a) Grant the decree thereby declaring that the document

executed as Sale Deed dtd.14/06/2023 vide document
no.2266/2023 registered before the Sub-Registrar office,
Murtizapur as null and void-ab-initio & not binding upon
the plaintiff.
b) Grant a decree of permanent injunction, in favour of
plaintiff and against the defendants, thereby restraining the
defendants, their agents, servants or anybody acting on
their behalf or acting at their instance, from creating any
sort of third party interest in the suit property or from

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 dealing with the same in any manner whatsoever as well as
restraining them from affecting the interests of the plaintiff
in the interest of justice and equity.
c) Grant the ad-interim ex-party temporary injunction
in favour of plaintiff and against the defendant, in the
interest of justice and equity.
d) Grant the costs of this suit Rs.20,000/- (Rs. Twenty
thousand only)
e) Grant any other relief in favour of the plaintiff which
this Hon’ble Court deems fit and proper in the facts and
circumstances of the present case and also in the interest of
justice and equity.

Place:-Akola Signature of plaintiff

Date:-__/01/2024 ____________________

Counsel for plaintiffs

VERIFICATION

I, Pravin Ratanlal Varma, aged: - about 47 yrs, Occu: -

Business and agriculturist, R/o. Goenka Nagar, Murtizapur, Tq.
Murtizapur Dist. Akola, solemnly verify that the contents in Para 01
(One) to __ (__) and prayer clause of the plaint above are drafted as per
my instruction and they are true and correct.

Signature,

_______________

AFFIDAVIT

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 I, Pravin Ratanlal Varma, aged: - about 47 yrs, Occu: - Business
and agriculturist, R/o. Goenka Nagar, Murtizapur, Tq. Murtizapur Dist.
Akola, solemnly verify that the contents in Para 01 (One) to __ (____)
and prayer clause of the plaint are drafted as per my instructions and
they are explained to me in vernacular and I found the same are true and
correct. Hence signed and verified at Akola/Murtizapur on __/01/2024.

Deponent

_____________

VERIFICATION

I, Pravin Ratanlal Varma, aged: - about 47 yrs, Occu: - Business

and agriculturist, R/o. Goenka Nagar, Murtizapur, Tq. Murtizapur Dist.
Akola, solemnly verify that the contents in Para 01 (One) to ___ (____)
and prayer clause of the plaint and affidavit are true and correct. Hence
signed and verified at Akola/Murtizapur on __/12/2023.

Deponent

_______________

I know the deponent. The contents

explained to him in vernacular & affirmed
by him to be true and correct.
____________________
(Advocate)