IN THE COURT OF HON'BLE CIVIL JUDGE (S.D.

) OF THANE,
AT THANE
SPECIAL CIVIL SUIT NO. ____ OF 2024

1) Mr. Genu alias Vilas Gopinath Patil

Age: 59 years, Occ: Agriculturist,
2) Mrs Revati Genu alias Vilas Patil,
Age: 58 years, Occ: Agriculturist,
3) Mr Ketan Genu alias Vilas Patil,
Age: 36 years, Occ: Agriculturist,
4) Deepali Genu alias Vilas Patil,
Age: 35 years, Occ: Agriculturist,
5) Mr Bhuvnesh Genu alias Vilas Patil
Age: 34 years, Occ: Agriculturist,
All the above Plaintiff no. 1 to 4
residing at Waghbil, Ghodbunder Road,
Thane, Tal. & Dist. Thane ... PLAINTIFFS

VERSUS

(1) M/s. SACHIDANAND DEVELOPERS,

Represented Through its Partner
SHRI NARESH S. KHETWANI,
Having Office at 5, B Wing, Ashok Apartment,
Mahatma Gandhi Road, Naupada, Thane (W).
Having Office at 3 & 4, Hira Sadan,
R.R.T Road, Mulund (W), Mumbai- 400 080.

(2) M/s. HEER REALTORS.

A Partnership Firm represented through its Partners.
(A) SHRI DILIP CHAPSI SHAH.
(B) SHRI NIRAJ H. SANGHVI.
(C) SHRI PIYUSH MAGANLAL SHAH.
(D) SHRI DHIRAJ CHAPSI SHAH.
(E) SHRI PINESH KUSHAL SHAH.
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Having its office at 12, Oswal Niwas,

Opp. Ranjit CHS, S. N. Road,
Mulund (W), Mumbai- 400 080.

(3) THANE MUNICIPAL CORPORATION

Having office at:
Mahanagar Palika Bhawan,
Chandanwadi, Panchpakhadi,
Thane (W) 400602; ...DEFENDANTS

SUIT FOR DECLARATION, CANCELLATION,

INJUNCTION, DAMAGES AND OTHER
RELIEFS VALUED AT RS. Rs.48,00,000/-
FOR ALL PURPOSE. COURT FEE OF
71,230/ IS AFFIXED. SUIT FILED U/S 34 TO
39 OF SPECIFIC RELIEF ACT.

MAY IT PLEASE YOUR HONOR:

THE PLAINTIFFS ABOVE NAMED MOST RESPECTFULLY SUBMIT

AS UNDER:

1. The Plaintiffs state that they are residing at the address more

particularly set out in the cause title and they are the Agriculturist

by Occupation.

2. The Plaintiff states that, the Plaintiffs predecessor Raghu Patil was

the protected tenant under the provisions of Bombay Tenancy and

Agricultural Lands Act, in respect of land bearing Survey No. 105,

Hissa No. 3A, area admeasuring 00-69-5 (H-R-P) equivalent to 6950

Square Meters, lying, being and situate at Village Kavesar, Thane,

Taluka & District Thane, in the Registration and Sub-Registration

District of Thane and within the limits of Thane Municipal

Corporation (Hereinafter Referred to as the “SAID PROPERTY”).

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3. The predecessor of Mr. Raghu Patil was the protected tenant under

the provisions of Bombay Tenancy and Agricultural Lands Act, in

respect of Said Property.

4. Mr. Raghu Patil demised leaving behind (1) Mr. Jagan Raghu Patil,

(2) Mr. Gopinath Raghu Patil, (3) Mr. Shankar Raghu Patil, as his

only legal heirs.

5. The mutation entry no. 1327 certified on 24th September 1977; the

names of the tenants were recorded in the record of right.

6. As per the provisions of 32G of Bombay Tenancy and Agricultural

Land Act, the said original holders came to be declared as Tenant

Purchasers. Accordingly their names came to be recorded in the

holders column in the record of rights vide mutation entry no. 1632.

7. The predecessors of Plaintiffs have paid the purchase price and

accordingly 32M Certificate bearing no. 48/2009 dated 17th

November 2009 issued by Hon'ble Tahsildar and Agricultural Land

Tribunal, Thane. Therefore, original tenants become owners of the

Said Property vide mutation entry no. 2536.

8. Mr. Gopinath Patil demised leaving behind him (1) Mr. Raghunath

Patil, (2) Mr. Dagdu Patil, (3) Mr. Genu Patil, (4) Mrs. Thakabai

Pandurang Patil as his only legal heirs and legal representatives

entitled to undivided 1/3rd share in the Said Property of the

deceased and they are owners of Survey No. 105, Hissa No. 3A,

area admeasuring 2317 Sq. Meters, lying, being and situate at

Village Kavesar, Thane, Tal. & Dist. Thane. Plaintiffs' family is

entitled for 579.2 square meters. (The Undivided share of Plaintiffs

i.e. 579.2 square meters in the Said Property is referred as

“Plaintiffs' Property/Suit Property”).

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9. Plaintiff did not have the expertise to develop Plaintiff's Property

and in the meantime Defendant no. 1 approached Plaintiffs in the

year 2010 with an offer to develop Plaintiff's Property and thereby

convinced Plaintiffs to execute the Agreement in respect of

Plaintiff's Property.

10. Mr. Genu alias Vilas Patil , Mrs. Revati Genu alias Vilas Patil , Mr.

Ketan Genu alias Vilas Patil, Mrs. Deepali Genu alias Vilas Patil, Mr.

Bhuvnesh Genu alias Vilas Patil have executed an Agreement on

05/08/2010 in favor of Defendant no. 1, which is duly registered

with Sub-Registrar of Assurances, Thane, at serial No. TNN-5-

8515/2010, and thereby agreed to transfer Plaintiff’s Property for

the terms and conditions mentioned therein (Hereinafter referred as

Said Sathekarar). As per the terms, conditions of the Sathe Karar

Defendant no. 1 had not paid the consideration.

11. Plaintiff also executed alleged power of attorney dated 5/08/2010 in

favor of Defendant no. 1 in pursuance of the said Sathe Karar (Said

Power of Attorney).

12. As on date, Defendant no. 1 has not paid the consideration to

Plaintiffs and therefore, it is due since 2011. Plaintiffs have

requested Defendant no. 1 to handover the aforesaid consideration

from the last several years but Defendant no. 1 not started the

construction as on date. Defendant no.1 have failed and neglected

to comply with the contractual obligations as mentioned in the said

Sathe Karar.

13. Plaintiff several times approached Defendant no. 1 and requested

him to comply with the terms and conditions of the Agreement

executed amongst them and commence with the construction upon

Plaintiff's Property and handover to Plaintiff's their Constructed

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premises as agreed by Defendant no. 1 upon which Defendant no.

1, every time assured Plaintiff that they are in process of obtaining

requisite permissions and approvals from the various Government

Department, Semi-Government Departments and other Competent

Authorities necessary for carrying construction upon the said

Property. Plaintiffs' further state that believing upon the assurances

and representations given by Defendant No. 1 Plaintiffs waited but

even after considerable time lapsed Defendant no. 1 failed and

neglected to comply with the terms and conditions of the said Sathe

Karar executed between Plaintiffs and Defendant no. 1.

14. Despite repeated requests and telephonic reminders, Defendant no.

1 has failed to start the construction and also failed to provide the

consideration as per the said Said Sathe Karar.

15. Defendant no. 1 has neglected to perform their contractual

obligations, as per the terms & conditions of the said Sathe Karar &

thereby constrained Plaintiff to terminate/cancel the said Sathe

Karar and revoke the said Power of Attorney.

16. Defendant no. 1 has neglected to perform the contractual

obligations, as per the terms & conditions of the said Sathe Karar &

thereby constrained Plaintiffs to terminate the said Sathe Karar.

17. In the month of January, 2023, some unknown persons came and

started inspecting Plaintiff's property upon which Plaintiff's objected

to their presence and upon Plaintiff's confrontation they informed

Plaintiffs that they are the Partners of Defendant no. 2 firm and that

Defendant no. 2 have assigned Plaintiff's Property from Defendant

No. 1 by registered Deed of Assignment. It is pertinent to note that

the Plaintiffs have not handed over the suit property to any of the

Defendants and it is in the possession of Plaintiffs.

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18. Thereafter, Plaintiffs have obtained Search of the Plaintiff's Property

and as per the search, Plaintiffs have obtained Certified Copy of the

Deed of Assignment executed between Defendant No. 1 and

Defendant No. 2 dated 7th July, 2011, which is registered with sub-

registrar of assurances at serial no. TNN5-6550-2011 (Bogus Deed

of Assignment). Plaintiffs state that upon perusal of the Deed of

Assignment Plaintiffs were shocked and surprised to see that

Defendant No. 1 had assigned all the rights in Plaintiff's Property to

Defendant No. 2. Plaintiff state that Defendant no. 1 had no right to

assign development rights in respect of Plaintiffs’ Property therefore

the bogus Deed of Assignment ipso- facto bad and not binding on

Plaintiffs.

19. Defendant No. 1 cannot assign/alienate Plaintiff's Property to any

persons until Defendant No. 1 fully complied with the terms and

conditions of the said Sathe Karar executed between Plaintiffs and

Defendant No. 1. Defendant No. 1 by taking undue advantage with

Defendant No. 2 and on the back of the plaintiff with malafide

intention to usurp Plaintiffs' Property and defeat the legal right, title,

interest of Plaintiffs in the Plaintiff's Property entered into Deed of

Assignment with Defendant No. 2 on dated 7th July, 2011, therefore

said Deed of Assignment is sham, bad-in-law, illegal and not binding

on Plaintiffs.

20. The said Sathe Karar does not create any right, title, and interest in

my Plaintiff's Property therefore; the further alienation is also bad in

law, illegal and not binding on Plaintiff and their property.

Defendant no. 1 has misappropriated Plaintiffs' property by

executing a bogus Deed of Assignment in favor of Defendant no. 2.

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21. It is the cardinal principle of law that ‘Nemo dat quod non habet’

means you cannot give what you don’t have. Defendant no. 1 have

illegally transferred the development rights of Plaintiff's property in

favor of Defendant no. 2 wherein Defendant no. 1 doesn’t have the

development rights to be transferred in favor of Defendant no. 2,

means the Bogus Deed of Assignment is void from the inception i. e.

void-ab-initio.

22. The Defendants are liable to be prosecuted under the various

provisions of Indian Penal Code. The Defendants have cheated with

Plaintiffs and misappropriated Plaintiff's property. Plaintiffs further

state that, Plaintiffs had suffered from immense financial distress

and due to which they have suffered mentally and physically.

23. Despite repeated requests and telephonic reminders, Defendant no.

1 has failed to deliver the constructed premises/consideration to

Plaintiffs for the last 10 years. The entire purpose of Plaintiffs to get

the suit property developed has miserably failed as Defendant no. 1

failed to start the construction on suit property as per the provisions

of law. Therefore, Plaintiff have issued Defendants notice dated

18/06/2024 and terminated/canceled the said Sathe Karar and

revoked the said Power of Attorney dated 5/08/2010 with immediate

effect. Therefore, the Bogus Deed of Assignment executed by

Defendant no. 1 with Defendant no. 2 has come to an end and not

binding on Plaintiffs.

24. The Plaintiffs further states that the cause of action arose first time

to file the present Suit in the month of January, 2023, when the

Partner of Defendant No. 2 visited the Suit Property and plaintiffs

have learned from them that they have executed Bogus Deed of

Assignment with Defendant no. 1. Thereafter as per the threats

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issued by the Defendants, the Plaintiffs obtained the certified copies

of the Bogus Deed of Assignment from the office of Sub-Registrar of

Assurance, thus the cause of action also accrued on ________ when

the certified copies were made available to the Plaintiffs. Again

cause of action arose on Plaintiff had issued a Notice to Defendant

No. 1 & 2 on 18/06/2024 through their Advocate and the same is

continued till date.

25. The Suit Properties is situated at Village Kavesar, Thane, Tal. & Dist.

Thane, within the jurisdiction of this Hon’ble Court, hence this

Hon’ble Court has jurisdiction try entertaining and disposing of the

present Suit.

26. For the purpose of Court fees and jurisdiction, value their claim in

suit at Rs.48,00,000/- based upon the value of the suit agreement

for sale and have paid the court fees Rs. 70,830/- as per the

Section-6 (iv) (j) of The Bombay Court Fees Act and paid Rs. 400/-

towards the other declarations and injunction, aggregating to Rs.

71,230/-. The Plaintiffs hereby undertake to this Hon'ble Court to

pay the deficit court fees, if any as and when directed.

27. The Plaintiffs state that, he has a good case on merit thus, they are

entitled for the relief of declaration & decree, cancellation and

injunction as prayed for. The Plaintiffs state that irreparable loss

would be caused to Plaintiffs, if the relief is not granted to them.

The Plaintiffs state that if the relief as prayed for is not granted to

the Plaintiffs then acute harm and prejudice would be caused to the

Plaintiff and not to the Defendants. The Plaintiff has the prima facie

case and so also the balance of convenience in favor of the

Plaintiffs. The Plaintiffs state that, irreparable loss and damage

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would be caused to the Plaintiffs if any of the reliefs, whether

interim or final, is not granted to the Plaintiff and money would not

be the adequate reliefs to the Plaintiffs. The Plaintiffs state that

there is no impediment for this Hon’ble Court so as to grant the

reliefs as prayed for to the Plaintiffs with respect to the Plaintiff's

property.

28. In these circumstances, the Plaintiff is constrained to file the

present suit on urgent basis, to prevent irreparable loss and injury

that would be caused to him and to the suit property. The Plaintiff

further states that, no notice u/s. 487 of the Bombay Municipal

Corporation Act, is issued before, filing the present suit because the

matter has become so urgent that, there was no time for giving

such notice u/s 487 of Bombay Provincial Municipal Corporation Act,

as the Defendants, would take disadvantage of the notice, and

expedite their endeavors to further change the whole nature of the

suit property and to deprive the plaintiffs of his legitimate rights.

The Plaintiff therefore, craves leave of this Hon’ble Court that it may

be allowed to sue the Defendants without giving notice u/s 487 of

the Bombay Provincial Municipal Corporation Act.

29. The Plaintiffs crave leave to refer to and rely upon the documents,

which are being separately filed along with the list of documents

and further crave leave to file such other and further documents

during the pendency of the suit.

30. The Plaintiffs state that the Plaintiffs have not instituted any other

suit, application, petition, etc. of like nature before any other

Courts.

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31. The Plaintiffs crave leave of this Hon’ble Court to add, amend, alter

and/or substitute any of the abovementioned pleading during the

pendency of the suit, if required.

32. The Plaintiffs state that no caveat has been served upon him/her

before the lodging of the above suit.

33. IN THESE PREMISES, THE PLAINTIFF MOST RESPECTFULLY

PRAYS TO THIS HON’BLE COURT AS UNDER:-

a. The Suit of the Plaintiff be Decreed.

b. It be declared that the Plaintiffs are Co-Owners/Owners of the

Suit Property.

c. That this Hon'ble Court by its judgment, order and decree may

be pleased to declare that the Defendants have no right, title,

interest and possession of whatsoever nature with respect to

the Suit Property.

d. That this Hon'ble Court by its judgment, order and decree may

be pleased to declare that the said Sathe Karar dated 5/08/2010

is duly canceled by the Plaintiffs vide notice dated 18/06/2024

and same is not binding on the Plaintiffs and their legal heirs,

representatives, Constituted Attorneys or their Agents &

servants and/ or any person claiming through or on behalf and

the Defendants do not have any legal right with respect to the

Suit Property.

e. That this Hon'ble Court by its judgment, order and decree may

be pleased to declare that the Power of Attorney dated

5/08/2010 is illegal, bad in law, fraudulent, null, void-ab-initio,

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invalid and not binding and enforceable against the Plaintiffs be

cancelled, set aside, revoked by the decree of this Hon'ble

Court, with the further declaration that the Defendant no. 1 has

no right and or authority to act upon the Power of Attorney

dated 5/08/2010.

f. That this Hon'ble Court by its judgment, order and decree may

be pleased to declare that the Bogus Deed of Assignment dated

7/07/2011 is illegal, improper, bad in law, fraudulent, null, void-

ab-initio, invalid and not binding and enforceable against the

Plaintiffs.

g. The Defendants and their agents, servants, executors,

administrators, and anybody claiming through or under them be

restrained by an order of perpetual injunction from acting upon

the suit Sathe Karar and Bogus Deed of Assignment and from

approaching any authorities for seeking any permission

pertaining to suit property and or from initiating any steps with

regard to development of the suit property and/or from

alienating/transferring and from creating third party interest in

and over the suit property or any part thereof in any manner

whatsoever;

h. The Defendants their agents, servants, executors,

administrators, and anybody claiming through or under them be

restrained by an order of perpetual injunction from taking over

the possession of the suit property or any part thereof and/or

from entering upon the suit property and or from taking over

forcibly the possession of the suit property;

i. That this Hon'ble Court by its judgment, order and decree may

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be pleased to declare that the Defendant 1 & 2 their agents,

servants, employees or any one claiming through or under them

may be restrained by an order of permanent perpetual

injunction from creating third party interest in the Suit Property

or parting the possession of the Suit Property to any third

person, based upon the alleged deeds and documents executed

and registered by and between them.

j. That Defendant no. 3 their representatives, officers etc. be

restrained by an order of permanent perpetual injunction from

granting any sanction, permission or orders of whatsoever

nature in respect of suit property or any part thereof.

k. That this Hon'ble Court vide its judgment, order and decree may

be pleased to restrain Defendant no. 3 from granting any TDR

or accepting the suit property for the public purposes thereby

detrimental to the rights and interest of the Plaintiffs over the

suit property.

l. That this Hon'ble Court vide its judgment, order and decree may

be pleased to declare that the Plaintiffs have peaceful and

vacant possession over the suit property.

m.That this Hon'ble Court vide its judgment, order and decree may

be pleased to restrain the Defendants vide its perpetual

injunction from taking coercive action thereby detrimental to

the rights and interest of the Plaintiffs, with respect to the suit

property.

n. Notice u/s. 487 of the Bombay Provincial Municipal Corporation

Act may be waived of in the interest of justice.

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o. Interim and Ad-interim reliefs in terms of aforesaid prayers may

kindly be granted in favor of the Plaintiffs in the interest of

justice.

p. Cost of the suit be provided for.

q. Such other and further reliefs as the nature and circumstances

of the case may require and this Hon'ble Court may deem fit

and proper be passed in favor of the Plaintiffs.

Filed in Thane Court

Date: ________ Plaintiff no.1

Plaintiff no.2

Plaintiff no.3

Plaintiff no.4

Advocate for Plaintiffs Plaintiff no.5

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VERIFICATION

I, Mr. Genu alias Vilas Gopinath Patil, i.e. the Plaintiff no. 1,
above named, having address: Village Waghbil, Ghodbunder
Road, do hereby verify that the contents of Plaint are true and
correct to the best of my knowledge, belief and information.
Solemnly verified at Thane

Filed in Thane Court

Date: ________ Plaintiff no.1

Plaintiff no.2

Plaintiff no.3

Plaintiff no.4

Advocate for Plaintiffs Plaintiff

no.5.

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IN THE COURT OF HON'BLE CIVIL JUDGE (S.D.) OF THANE,

AT THANE
SPECIAL CIVIL SUIT NO. ____ OF 2024

1) Mr. Genu alias Vilas Gopinath Patil

Age: 59 years, Occ: Agriculturist,
2) Mrs Revati Genu alias Vilas Patil,
Age: 58 years, Occ: Agriculturist,
3) Mr Ketan Genu alias Vilas Patil,
Age: 36 years, Occ: Agriculturist,
4) Deepali Genu alias Vilas Patil,
Age: 35 years, Occ: Agriculturist,
5) Mr Bhuvnesh Genu alias Vilas Patil
Age: 34 years, Occ: Agriculturist,
All the above Plaintiff no. 1 to 4
residing at Waghbil, Ghodbunder Road,
Thane, Tal. & Dist. Thane ... PLAINTIFFS

VERSUS

(1) M/s. SACHIDANAND DEVELOPERS,

Represented Through its Partner
SHRI NARESH S. KHETWANI,
Having Office at 5, B Wing, Ashok Apartment,
Mahatma Gandhi Road, Naupada, Thane (W).
Having Office at 3 & 4, Hira Sadan,
R.R.T Road, Mulund (W), Mumbai- 400 080.

(2) M/s. HEER REALTORS.

A Partnership Firm represented through its Partners.
(A) SHRI DILIP CHAPSI SHAH.
(B) SHRI NIRAJ H. SANGHVI.
(C) SHRI PIYUSH MAGANLAL SHAH.
(D) SHRI DHIRAJ CHAPSI SHAH.
(E) SHRI PINESH KUSHAL SHAH.
Having its office at 12, Oswal Niwas,

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Opp. Ranjit CHS, S. N. Road,

Mulund (W), Mumbai- 400 080.

(3) Thane Municipal Corporation

Having office at:
Mahanagar Palika Bhawan,
Chandanwadi, Panchpakhadi,
Thane (W) 400602; ...DEFENDANTS

AN APPLICATION UNDER ORDER XXXIX, RULE 1 & 2

R/W SECTION 151 OF C.P.C FOR GRANT OF
TEMPORARY INJUNCTION AGAINST DEFENDANTSIS AS
UNDER:

MAY IT PLEASE YOUR HONOR:

THE PLAINTIFFS ABOVE NAMED MOST RESPECTFULLY

SUBMIT AS UNDER:

1. The Plaintiffs state that they are residing at the address more

particularly set out in the cause title and they are the Agriculturist

by Occupation.

2. The Plaintiff states that, the Plaintiffs predecessor Raghu Patil was

the protected tenant under the provisions of Bombay Tenancy and

Agricultural Lands Act, in respect of land bearing Survey No. 105,

Hissa No. 3A, area admeasuring 00-69-5 (H-R-P) equivalent to 6950

Square Meters, lying, being and situate at Village Kavesar, Thane,

Taluka & District Thane, in the Registration and Sub-Registration

District of Thane and within the limits of Thane Municipal

Corporation (Hereinafter Referred to as the “SAID PROPERTY”).

3. The predecessor of Mr. Raghu Patil was the protected tenant under

the provisions of Bombay Tenancy and Agricultural Lands Act, in

respect of Said Property.

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4. Mr. Raghu Patil demised leaving behind (1) Mr. Jagan Raghu Patil,

(2) Mr. Gopinath Raghu Patil, (3) Mr. Shankar Raghu Patil, as his

only legal heirs.

5. The mutation entry no. 1327 certified on 24th September 1977; the

names of the tenants were recorded in the record of right.

6. As per the provisions of 32G of Bombay Tenancy and Agricultural

Land Act, the said original holders came to be declared as Tenant

Purchasers. Accordingly their names came to be recorded in the

holders column in the record of rights vide mutation entry no. 1632.

7. The predecessors of Plaintiffs have paid the purchase price and

accordingly 32M Certificate bearing no. 48/2009 dated 17th

November 2009 issued by Hon'ble Tahsildar and Agricultural Land

Tribunal, Thane. Therefore, original tenants become owners of the

Said Property vide mutation entry no. 2536.

8. Mr. Gopinath Patil demised leaving behind him (1) Mr. Raghunath

Patil, (2) Mr. Dagdu Patil, (3) Mr. Genu Patil, (4) Mrs. Thakabai

Pandurang Patil as his only legal heirs and legal representatives

entitled to undivided 1/3rd share in the Said Property of the

deceased and they are owners of Survey No. 105, Hissa No. 3A,

area admeasuring 2317 Sq. Meters, lying, being and situate at

Village Kavesar, Thane, Tal. & Dist. Thane. Plaintiffs' family is

entitled for 579.2 square meters. (The Undivided share of Plaintiffs

i.e. 579.2 square meters in the Said Property is referred as

“Plaintiffs' Property/Suit Property”).

9. Plaintiff did not have the expertise to develop Plaintiff's Property

and in the meantime Defendant no. 1 approached Plaintiffs in the

year 2010 with an offer to develop Plaintiff's Property and thereby

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convinced Plaintiffs to execute the Agreement in respect of

Plaintiff's Property.

10. Mr. Genu alias Vilas Patil , Mrs. Revati Genu alias Vilas Patil , Mr.

Ketan Genu alias Vilas Patil, Mrs. Deepali Genu alias Vilas Patil, Mr.

Bhuvnesh Genu alias Vilas Patil have executed an Agreement on

05/08/2010 in favor of Defendant no. 1, which is duly registered

with Sub-Registrar of Assurances, Thane, at serial No. TNN-5-

8515/2010, and thereby agreed to transfer Plaintiff’s Property for

the terms and conditions mentioned therein (Hereinafter referred as

Said Sathekarar). As per the terms, conditions of the Sathe Karar

Defendant no. 1 had not paid the consideration.

11. Plaintiff also executed alleged power of attorney dated 5/08/2010 in

favor of Defendant no. 1 in pursuance of the said Sathe Karar (Said

Power of Attorney).

12. As on date, Defendant no. 1 has not paid the consideration to

Plaintiffs and therefore, it is due since 2011. Plaintiffs have

requested Defendant no. 1 to handover the aforesaid consideration

from the last several years but Defendant no. 1 not started the

construction as on date. Defendant no.1 have failed and neglected

to comply with the contractual obligations as mentioned in the said

Sathe Karar.

13. Plaintiff several times approached Defendant no. 1 and requested

him to comply with the terms and conditions of the Agreement

executed amongst them and commence with the construction upon

Plaintiff's Property and handover to Plaintiff's their Constructed

premises as agreed by Defendant no. 1 upon which Defendant no.

1, every time assured Plaintiff that they are in process of obtaining

requisite permissions and approvals from the various Government

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Department, Semi-Government Departments and other Competent

Authorities necessary for carrying construction upon the said

Property. Plaintiffs' further state that believing upon the assurances

and representations given by Defendant No. 1 Plaintiffs waited but

even after considerable time lapsed Defendant no. 1 failed and

neglected to comply with the terms and conditions of the said Sathe

Karar executed between Plaintiffs and Defendant no. 1.

14. Despite repeated requests and telephonic reminders, Defendant no.

1 has failed to start the construction and also failed to provide the

consideration as per the said Said Sathe Karar.

15. Defendant no. 1 has neglected to perform their contractual

obligations, as per the terms & conditions of the said Sathe Karar &

thereby constrained Plaintiff to terminate/cancel the said Sathe

Karar and revoke the said Power of Attorney.

16. Defendant no. 1 has neglected to perform the contractual

obligations, as per the terms & conditions of the said Sathe Karar &

thereby constrained Plaintiffs to terminate the said Sathe Karar.

17. In the month of January, 2023, some unknown persons came and

started inspecting Plaintiff's property upon which Plaintiff's objected

to their presence and upon Plaintiff's confrontation they informed

Plaintiffs that they are the Partners of Defendant no. 2 firm and that

Defendant no. 2 have assigned Plaintiff's Property from Defendant

No. 1 by registered Deed of Assignment. It is pertinent to note that

the Plaintiffs have not handed over the suit property to any of the

Defendants and it is in the possession of Plaintiffs.

18. Thereafter, Plaintiffs have obtained Search of the Plaintiff's Property

and as per the search, Plaintiffs have obtained Certified Copy of the

Deed of Assignment executed between Defendant No. 1 and

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Defendant No. 2 dated 7th July, 2011, which is registered with sub-

registrar of assurances at serial no. TNN5-6550-2011 (Bogus Deed

of Assignment). Plaintiffs state that upon perusal of the Deed of

Assignment Plaintiffs were shocked and surprised to see that

Defendant No. 1 had assigned all the rights in Plaintiff's Property to

Defendant No. 2. Plaintiff state that Defendant no. 1 had no right to

assign development rights in respect of Plaintiffs’ Property therefore

the bogus Deed of Assignment ipso- facto bad and not binding on

Plaintiffs.

19. Defendant No. 1 cannot assign/alienate Plaintiff's Property to any

persons until Defendant No. 1 fully complied with the terms and

conditions of the said Sathe Karar executed between Plaintiffs and

Defendant No. 1. Defendant No. 1 by taking undue advantage with

Defendant No. 2 and on the back of the plaintiff with malafide

intention to usurp Plaintiffs' Property and defeat the legal right, title,

interest of Plaintiffs in the Plaintiff's Property entered into Deed of

Assignment with Defendant No. 2 on dated 7th July, 2011, therefore

said Deed of Assignment is sham, bad-in-law, illegal and not binding

on Plaintiffs.

20. The said Sathe Karar does not create any right, title, and interest in

my Plaintiff's Property therefore; the further alienation is also bad in

law, illegal and not binding on Plaintiff and their property.

Defendant no. 1 has misappropriated Plaintiffs' property by

executing a bogus Deed of Assignment in favor of Defendant no. 2.

21. It is the cardinal principle of law that ‘Nemo dat quod non habet’

means you cannot give what you don’t have. Defendant no. 1 have

illegally transferred the development rights of Plaintiff's property in

favor of Defendant no. 2 wherein Defendant no. 1 doesn’t have the

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development rights to be transferred in favor of Defendant no. 2,

means the Bogus Deed of Assignment is void from the inception i. e.

void-ab-initio.

22. The Defendants are liable to be prosecuted under the various

provisions of Indian Penal Code. The Defendants have cheated with

Plaintiffs and misappropriated Plaintiff's property. Plaintiffs further

state that, Plaintiffs had suffered from immense financial distress

and due to which they have suffered mentally and physically.

23. Despite repeated requests and telephonic reminders, Defendant no.

1 has failed to deliver the constructed premises/consideration to

Plaintiffs for the last 10 years. The entire purpose of Plaintiffs to get

the suit property developed has miserably failed as Defendant no. 1

failed to start the construction on suit property as per the provisions

of law. Therefore, Plaintiff have issued Defendants notice dated

18/06/2024 and terminated/canceled the said Sathe Karar and

revoked the said Power of Attorney dated 5/08/2010 with immediate

effect. Therefore, the Bogus Deed of Assignment executed by

Defendant no. 1 with Defendant no. 2 has come to an end and not

binding on Plaintiffs.

34. The Plaintiffs further states that the cause of action arose first time

to file the present Suit in the month of January, 2023, when the

Partner of Defendant No. 2 visited the Suit Property and plaintiffs

have learned from them that they have executed Bogus Deed of

Assignment with Defendant no. 1. Thereafter as per the threats

issued by the Defendants, the Plaintiffs obtained the certified copies

of the Bogus Deed of Assignment from the office of Sub-Registrar of

Assurance, thus the cause of action also accrued on ________ when

the certified copies were made available to the Plaintiffs. Again

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cause of action arose on Plaintiff had issued a Notice to Defendant

No. 1 & 2 on 18/06/2024 through their Advocate and the same is

continued till date.

35. The Plaintiffs state that, he has a good case on merit thus, they are

entitled for the relief of declaration & decree, cancellation and

injunction as prayed for. The Plaintiffs state that irreparable loss

would be caused to Plaintiffs, if the relief is not granted to them.

The Plaintiffs state that if the relief as prayed for is not granted to

the Plaintiffs then acute harm and prejudice would be caused to the

Plaintiff and not to the Defendants. The Plaintiff has the prima facie

case and so also the balance of convenience in favor of the

Plaintiffs. The Plaintiffs state that, irreparable loss and damage

would be caused to the Plaintiffs if any of the reliefs, whether

interim or final, is not granted to the Plaintiff and money would not

be the adequate reliefs to the Plaintiffs. The Plaintiffs state that

there is no impediment for this Hon’ble Court so as to grant the

reliefs as prayed for to the Plaintiffs with respect to the Plaintiff's

property.

36. The Plaintiffs submit that, they have made out strong prima facie

case so far as their legal rights in the Suit Property is concerned.

Hence, the Plaintiffs are legally entitled to protect the same through

this Hon’ble Court. The Plaintiffs submit that, therefore the

Defendants are urgently required to be restrained by an order of ad-

interim injunction and temporary injunction or order of status-quo

as sought for. As the Plaintiffs are having legal rights, title, interest

in the Suit Property with them and under such circumstances if the

Defendants succeed to dispose of the Suit Property and/or succeed

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to third party interest, in that event, their valuable legal right, title,

claims and interest will be severally affected and the Plaintiffs will

suffer great injury and an irreparable loss which cannot be

compensated in terms of money.

37. The Plaintiffs are therefore entitled to seek an urgent relief of an ex-

parte ad-interim injunction or order of status-quo against the

Defendants. The Plaintiffs submit that, on the other hand the

Defendants will not suffer any loss or neither injury nor it will cause

any prejudice to them if an ex-parte ad-interim injunction or order

of status-quo is passed against them. The Balance of Convenience

is also in favor of the Plaintiffs; and if interim reliefs as prayed for

are not awarded to the Plaintiffs they would suffer great irreparable

loss and injury which cannot be compensated in terms of money,

hence this is a fit case to grant the relief of an ex-parte ad-interim

injunction order or order of status-quo against the Defendants.

38. It is therefore prayed to this Hon’ble court that,

a. The Defendants and their agents, servants, executors,

administrators, and anybody claiming through or under
them be restrained by an order of temporary injunction
from acting upon the suit Power of attorneys, suit Sathe
Karar and Bogus Deed of Assignment and from
approaching any authorities for seeking any permission
pertaining to suit property and or from initiating any steps
with regard to development of the suit property and/or
from alienating/transferring and from creating third party
interest in and over the suit property or any part thereof in
any manner whatsoever till the pendency of this suit;

b. The Defendants their agents, servants, executors,

administrators, and anybody claiming through or under
them be restrained by an order of temporary injunction

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from taking over the possession of the suit property or any

part thereof and/or from entering upon the suit property
and or from taking over forcibly the possession of the suit
property till the pendency of the present suit;

c. That Defendant no. 3 their representatives, officers etc. be

restrained by an order of temporary injunction from
granting any further sanction, permission in respect of suit
property or any part thereof, till the pendency of the
present suit.

d. That this Hon'ble Court vide its order may be pleased to

restrain the Defendants vide its temporary injunction from
taking coercive action thereby detrimental to the rights
and interest of the Plaintiffs, with respect to the suit
property.

e. Interim and ad-interim injunction or order of status-quo in

terms of prayer clause (a) to (d) hereof be awarded to the
Plaintiffs;

f. Cost of the present Application be provided for.

g. Any other and further relief/s as this Hon’ble Court may deem
fit and proper in the nature and circumstances of the case,
may kindly be granted in favor of the Plaintiffs.

Filed in Thane Court

Date: ________ Plaintiff no.1

Plaintiff no.2

Plaintiff no.3

Plaintiff no.4

Advocate for Plaintiffs Plaintiff no.5.

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VERIFICATION

I, Mr. Genu alias Vilas Gopinath Patil, i.e. the Plaintiff no. 1,
above named, having address: Village Waghbil, Ghodbunder
Road, do hereby verify that the contents of Plaint are true and
correct to the best of my knowledge, belief and information.
Solemnly verified at Thane

Filed in Thane Court

Date: ________ Plaintiff no.1

Plaintiff no.2

Plaintiff no.3

Plaintiff no.4

Advocate for Plaintiffs Plaintiff no.5.

IN THE COURT OF CIVIL JUDGE SENIOR

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DIVISION THANE AT THANE

SPL.C.S No. / 2024.

Mr. Genu alias Vilas Gopinath Patil

And others. ….. Plaintiffs.
V/s

M/s. SACHIDANAND DEVELOPERS

And others. ….. Defendants.

AFFIDAVIT IN SUPPORT OF PLAINT.

I, Mr. Genu alias Vilas Gopinath Patil, Age: 5 9 years, Occ:

Farmer, the Plaintiff no.1 above named for self and for plaintiff
no. 2 to 5, residing at: Waghbil, Thane, I do hereby solemnly
declare and state as under: -

1. I say that I have filed the present on the facts and grounds more
clearly stated in the plaint. I repeat, reiterate and confirm all the
averments, stated and grounds mentioned in the application as if
the same have been set out herein and forms part of this
Affidavit. I crave leave to refer to and rely upon the said plaint
as and when produced.

2. I say that if the reliefs as prayed for in the application are not
granted then grave harm loss and / or injury would be caused to
the plaintiffs whereas if the reliefs are granted no harm, loss
and/or injury would be caused to defendants.

3. I say and affirm that whatever stated herein above is true and
correct to best of my knowledge, belief and information.

Solemnly affirmed on this ___ day of June 2024 at Thane

Filed in Court

Date: ________ Deponent

Advocate for Deponent

VERIFICATION

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I, Mr. Genu alias Vilas Gopinath Patil, Age: 59 years, Occ: Farmer,
the Plaintiff no.1 above named for self and for plaintiff no. 2 to 5,
residing at: Waghbil, Thane, I do herby state on solemn affirmation on
oath that whatever stated herein above is true & correct to the best of
knowledge, belief, and information & do hereby verify the same on this
day of ____ day of July 2024 at Thane

Solemnly affirmed on this ___ day of July 2024 at Thane

File in Court

Date: _________ Deponent

Advocate for Deponent.

IN THE COURT OF CIVIL JUDGE SENIOR

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DIVISION THANE AT THANE

SPL.C. S No. / 2024.

Mr. Genu alias Vilas Gopinath Patil

And others. ….. Plaintiffs.
V/s

M/s. SACHIDANAND DEVELOPERS

And others. ….. Defendants.

MEMO OF ADDRESS OF PLAINTIFFS

1) Mr. Genu alias Vilas Gopinath Patil

2) Mrs Revati Genu alias Vilas Patil,
3) Mr Ketan Genu alias Vilas Patil,
4) Deepali Genu alias Vilas Patil,
5) Mr Bhuvnesh Genu alias Vilas Patil
All the above Plaintiff no. 1 to 4
residing at Own House, Waghbil, Ghodbunder Road,
Thane, Tal. & Dist. Thane.

Filed in Thane Court

Date: ________ Plaintiff no.1

Plaintiff no.2

Plaintiff no.3

Plaintiff no.4

Advocate for Plaintiffs Plaintiff

no.5.

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IN THE COURT OF CIVIL JUDGE SENIOR

DIVISION THANE AT THANE
SPL.C. S No. / 2024.

Mr. Genu alias Vilas Gopinath Patil

And others. ….. Plaintiffs.
V/s

M/s. SACHIDANAND DEVELOPERS

And others. ….. Defendants.

PURSHIS/UNDERTAKING ON BEHALF OF PLAINTIFFS

This Purshis / undertaking is given by the Plaintiffs in order to support
the request and prayer for ad-interim ex-parte injunction/status quo
and the Plaintiffs undertakes that should there be any discovery as to
the falsity of the averments made in the injunction application based
on which Ad-interim ex-parte injunction may be granted; the Plaintiff
undertakes to face any action that this Hon’ble Court may deemed
necessary against the Plaintiffs. Hence this Purshis.

Filed in Thane Court

Date: ________ Plaintiff no.1

Plaintiff no.2

Plaintiff no.3

Plaintiff no.4

Advocate for Plaintiffs Plaintiff no.5

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IN THE COURT OF CIVIL JUDGE SENIOR

DIVISION THANE AT THANE
SPL.C.S No. / 2024.

Mr. Genu alias Vilas Gopinath Patil

And others. ….. Plaintiffs.
V/s

M/s. SACHIDANAND DEVELOPERS

And others. ….. Defendants.

AFFIDAVIT IN SUPPORT OF APPLICATION.

I, Mr. Genu alias Vilas Gopinath Patil, Age: years, Occ:

Farmer, the Plaintiff no.1 above named for self and for plaintiff
no. 2 to 5, residing at: Waghbil, Thane, I do hereby solemnly
declare and state as under: -

4. I say that I have filed the present on the facts and grounds more
clearly stated in the plaint. I repeat, reiterate and confirm all the
averments, stated and grounds mentioned in the application as if
the same have been set out herein and forms part of this
Affidavit. I crave leave to refer to and rely upon the said plaint
as and when produced.

5. I say that if the reliefs as prayed for in the application are not
granted then grave harm loss and / or injury would be caused to
the plaintiffs whereas if the reliefs are granted no harm, loss
and/or injury would be caused to defendants.

6. I say and affirm that whatever stated herein above is true and
correct to best of my knowledge, belief and information.

Solemnly affirmed on this ___ day of July 2024 at Thane

Filed in Court

Date: ________ Deponent

Advocate for Deponent

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VERIFICATION

I, Mr. Genu alias Vilas Gopinath Patil, Age: years, Occ: Farmer,
the Plaintiff no.1 above named for self and for plaintiff no. 2 to 5,
residing at: Waghbil, Thane, I do herby state on solemn affirmation on
oath that whatever stated herein above is true & correct to the best of
knowledge, belief, and information & do hereby verify the same on this
day of ____ day of July 2024 at Thane

Solemnly affirmed on this ___ day of July 2024 at Thane

File in Court

Date: _________ Deponent

Advocate for Deponent.

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