Sunil Shivaji Pagare v. David Danial Pagare and Ors.
Case brief
What is this about?
Bombay High Court, Civil Revision Application No. 96 of 2026 (N.J. Jamadar, J., 17 February 2026): rejection of counter-claim; at the stage of a prayer for rejection of plaint only the averments and annexed documents are to be read; counter-claim cause of action pleaded as obstruction of access to suit property on 10 September 2024; earlier suit RCS No.11 of 2019 withdrawn without liberty to file afresh; prior suit for partition and permanent injunction versus present suit for declaration and permanent injunction; differing parties; Joint Civil Judge, Junior Division, Yeola; RCS No.534 of 2024; application for rejection of counter-claim upheld; revision dismissed.
What did the court decide?
At the stage of consideration of the prayer for rejection of the plaint, only the averments and the documents annexed to it are required to be read in a meaningful manner.