IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION
PIMPARI AT PIMPARI
Regular Civil Suit
No……./2025
1. Mr. Santosh Jagannath Jagadale.
Age: 47 years, Occupation:Nothing
R/at: Nigadi Gaothan ,
near Jain Temple,
Nigadi, Pune- 411044.
Through its Power Of Attorney Holder
Mr. Ved Santosh Jagdale,
Age: 19 years, Occupation: Student
R/at: Nigadi Gaothan ,
near Jain Temple,
Nigadi, Pune- 411044. …Plaintiff
V/s
1. M/s Sonigara and Bhosale Associates
Having its office at Shop No.11,
Laxmitara Market, Dange Chowk,
Thergaon, Pune-411033
Through its partners
a. Mr. Ankit Amrut Sonigara,
Age: 31 years, Occupation:Buisiness,
R/at: Main Bajar Dehuroad,
Pune- 412101.
b. Mr. Vinod Subhash Bhosale
Age: 49 years, Occupation:Buisiness,
R/at: 177/1/7, Prabhat Colony,
Shankar Kalate Nagar,
Wakad road, Wakad,
Pune- 411057.
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2. Mr. Arjun Mugatrao Shirke
Age: 58 years, Occupation:Service,
R/at:Sharad Housing Society,
Sector No. 27/A, Pradhikaran,
Pune-44.
3. Mr. Laxman Sopan Jagdale,
Age: 61 years, Occupation: ,
R/at: Sharad Housing Society,
Sector No. 27/A, Pradhikaran,
Pune-44.
4. Mr. Anilkumar Govindrao Bhoite,
Age: 61 years, Occupation: ,
R/at: Sharad Housing Society,
Sector No. 27/A, Pradhikaran,
Pune-44.
5. Mr. Sunil Kisanrao Nanaware,
Age: 58 years, Occupation: ,
R/at: Krushnlochan Building 132/5,
C/26, Shree Saiprasad Hou. Society
Gurudwara, Chinchwad-33.
6. Mr. Balasaheb Pandurang Jagdale,
Age: 73 years, Occupation: ,
R/at: Shukla Bhavan, Gaon Devi Road,
Bhandup West, Mumbai No. 78.
7. Mrs. Rajivi Vitthal Shetty,
Age: 60 years, Occupation: ,
R/at: Shivaji Park, Sector No. 18,
Pote Corner Plot No. 200, Devi Krupa,
Sambhajinagar Chinchwad, Pune-19.
8. Mr. Balaso Baburao Kumbhar,
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Age: 55 years, Occupation: ,
R/at: flat No. 15, Building No. A-5,
Shukratara Co-operative society,
Sector No. 24, Pradhikaran,
Pune-44.
9. Brahmdev Parshuram Nalavde,
Age: 66 years, Occupation: ,
R/at: Shruti Vastavya,
Plot No. 7A/6,Flat No.1,
Ravet, Sector 29,Pradhikaran,
Pune-33. … Respondents
SUIT FOR DECLARATION AND
PERMANENT INJUNCTION AND
OTHER RELIEF.
The Plaintiffs Most Respectfully Submit As Under:
1. The Plaintiffs are the absolute owners and
possessors of land admeasuring said land 00 H 4 R
out of the total land admeasuring 00 H 27 R,
bearing survey no. 97/1A/1A/1, situated at Village
Mauje: Ravet, Taluka: Haveli, District: Pune, within
the limits of Sub Registrar Haveli and Pimpri
Chinchawad Municipal Corporation.
2. The Defendant is a developer operating under the
name and style of “M/s Sonigara & Bhosale
Associates” and has proposed a residential project
in the name and style of “Sonigara Presidency”.
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3. The Plaintiff further states that Plaintiff has, since
the year 2005, been mentally unwell and severely
addicted to alcohol, and has been undergoing
psychiatric and rehabilitation treatment in Pune
since the year 2010. This fact was within the full
knowledge of the Defendant No 1.
4. The Plaintiff submit that the Defendant, having
knowledge of the said mental and physical condition
of Plaintiff, took undue advantage thereof and
procured his signatures on the DA PA under
misrepresentation and coercion.
5. The Plaintiff state that the Defendant had allegedly
and by fraud entered into a registered Development
Agreement and Power of Attorney which was duly
registered before the Sub Registrar Haveli No. 24
vide document serial No. 1068/2016 and
1069/2016 respectively dated 05/02/2016
(hereinafter referred to as "DA PA") with Plaintiff,
concerning the development of the suit property into
the aforementioned project.
6. That the Defendants No. 2 to 9 are parties to the
same Development Agreement executed with the
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Plaintiff and Defendant No. 1. Though no specific
relief is sought against them individually, they have
been impleaded as formal parties to the present suit
in order to ensure proper adjudication of the rights
and obligations arising under the said Development
Agreement and to avoid any multiplicity of
proceedings.
7. The Defendant gave oral assurances to Plaintiff that
an additional agreement would be executed
separately for enhanced consideration and
compensation over and above the terms mentioned
in the DA PA, which were not acceptable to Plaintiff.
8. Relying upon such oral promises, the Plaintiff
refrained from revoking or challenging the DA PA
and did not raise legal objections immediately,
solely based on the bona fide belief that the
Defendant would fulfill his verbal commitments.
9. However, the Defendant thereafter failed to honour
his verbal assurances and deliberately avoided all
further communications and meetings with the
Plaintiffs.
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10. In the year 2017, upon being confronted by the
Plaintiffs, the Defendant once again gave
assurances that upon receipt of project sanction,
the additional agreement would be executed and the
terms of consideration revised. However, no such
steps were ever taken.
11. In the meantime, Plaintiffs mental health
deteriorated further, leading to frequent admissions
in the rehabilitation center. During this vulnerable
period, the Defendant willfully chose not to contact
the Plaintiffs and further distanced himself from
any rectification.
12. Shockingly, upon a recent visit to the MAHARERA
website, the Plaintiff discovered that FORM B, a
mandatory affidavit required for RERA registration,
was uploaded bearing the forged signature of
Plaintiff, portraying him as a co-promoter of the
project.
13. Plaintiff categorically states that he never signed
such a document and never authorized the Defendant
to sign on his behalf. The said act amounts to
forgery, criminal breach of trust, and cheating
within the meaning of the Indian Penal Code.
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14.The Defendant has committed fraud and
misrepresentation not only against the Plaintiffs but
also against the statutory authority by uploading
forged documentation.
15.The Plaintiff state that no document executed
subsequent to the DA PA bears their lawful consent,
and any such documentation purporting to do so is
illegal, void ab initio, and liable to be cancelled and
set aside.
16. According to Clause 13. B (1) of the development
agreement, the Defendant No.1 was obligated to
complete the construction and hand over
possession of the developed premises to the
Plaintiffs within a period of thirty (30) months from
the date of obtaining necessary permissions,
namely:
(i) Sanctioned building plans from the Pimpri-
Chinchwad Municipal Corporation, and
(ii) Non-Agricultural (NA) permission from the
Collector, Pune.
17. The Non-Agricultural (NA) order was issued on
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27th December 2018. Therefore, the stipulated period
of 30 months expired on or about 27th June 2021.
As of the present date, no construction has been
carried out and no possession has been handed
over to the Plaintiffs.
18. The Defendant, based on the forged FORM B and
misrepresentation, has proceeded with the project
and may alienate, assign or create third-party
interests in the suit property, which would gravely
prejudice the Plaintiffs’ lawful ownership and title.
That Plaintiff further state that when Plaintiff
approached the Defendant No 1 in the month of
February 2025 and asked to complete the
agreement as he orally admitted he refused the
same, but the Defendant refused the same and said
that he will not give anything to the Plaintiff.
19. Cause Of Action:
The cause of action for the present suit first arose
when Plaintiff approached the Defendant No 1 in
the month of February 2025 and asked to complete
the agreement as he orally admitted he refused the
same, but the Defendant refused the same and said
that he will not give anything to the Plaintiff.
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20. The Plaintiff submit that they have no other
lternative or efficacious remedy except to invoke
the jurisdiction of this Hon’ble Court to protect
their civil rights and ownership in the suit
property.
21. The Plaintiffs further submit that the balance of
convenience lies in their favour, and they will
suffer irreparable injury and loss if the Defendant
is not restrained from further unlawful acts.
22. The said suit Property is situated within the
territorial jurisdiction of this Hon'ble Court. The
cause of action arose within the jurisdiction of this
Hon'ble Court. Hence, this Hon'ble Court has
jurisdiction to try, entertain and decide the present
suit.
23. The present suit is filed within the Limitation
period.
24. The Plaintiffs are thus entitled to declaration and
permanent injunction as prayed for.
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25. The present suit is totally valued at Rs.1000 /- for
Declaration and Rs 1000/- for Permanent
Injunction hence, a Court Fee of Rs. 400/- is paid
by the Plaintiffs.
26. The Plaintiff has filed the Plaint in Duplicate along
with supporting affidavit.
27. It is therefore prayed that:
a. The present suit may kindly be decreed.
b. Kindly issue a Permanent Injunction restraining
the Defendant No. 1, his agents, employees or
representatives from developing, transferring,
encumbering, or dealing with the suit property in
any manner;
c. Till the Disposal of the present suit the interim
injunction in respect of the clause no b of above.
d. The add-interim injunction kindly be granted in
respect of the clause no b and c.
e. The Plaintiff may permitted to amend the suit in
future.
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f. Award costs of this suit in favour of the Plaintiffs;
g. Pass such other or further orders as may be
deemed fit and proper in the facts and
circumstances of the case.
Pune
Dated: 00.00.2025
Plaintiff
Advocate for Plaintiff
(Adv. Suvarna R. Shinde)
Verification
We, Mr. Santosh Jagannath Jagadale, Through its
Power Of Attorney Holder Mr. Ved Santosh Jagdale,
Age: 19 years, Occupation: ,R/at: Nigadi
Gaothan , near Jain Temple, Nigadi, Pune- 411044 do
hereby state on solemn affirmation that whatever
stated above are true and correct to the best of my
knowledge, belief and information and hence, I have
signed on this today at Pune.
Pune.
Date:-00/00/2025
Plaintiff
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