(1) wp-2925-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR WRIT PETIITON NO.2925 OF 2025 1. Shri. Bharat Krishnarao Mandlik, Age: 67 years, Occ: Business, R/o: 372/4, Rajarampuri 14th lane. E ward, Kolhapur. 2. Shri. Sharad Krishnarao Mandlik, Age: 63 years, Occ: Service, R/o: 372/4, Rajarampuri 14th lane, E ward, Kolhapur. 3. Shri. Dipak Krishnarao Mandlik, Age: 60 years, Oce: Service, R/o: 372/4, Rajarampuri 14th lane. E ward. Kolhapur. 4. Shri. Ravindra Krishnarao Mandlik Age:58 years, Occ: Civil Engineer, R/o: 372/4, Rajarampuri 14th lane, E ward, Kolhapur. ..Petitioners Versus 1. Shri. Balraj Digambar Jadhav, Age: 45 years, Oce: Business, R/o: C.T.S. No. 1383. A Ward Shivaji Peth, Kolhapur. 2. Kolhapur Municipal Corporation, through its Commissioner. 3. Shri. Nitin Hindurao Mandlik, Age: 54 years, Occ: Business, R/o: Plot No. 38, Sanmitra Housing Society, Katekar Mala, Rajarampuri, Kolhapur. ..Respondents … Mr. Chetan G. Patil a/w Bhushan Mandlik a/w Bhushan Jadhav, Advocate for Petitioners. Mr. Drupad S. Patil a/w Mr. Rugved R. Kinkar, Advocate for Respondent No.1 and 3. Mr. Abhijit M. Adagule a/w Ms. Ketaki P. and Ms. Manjiri K., Advocate for KMC. (2) wp-2925-2025.odt … CORAM : S. G. CHAPALGAONKAR, J. RESERVED ON : 26th SEPTEMBER, 2025. PRONOUNCED ON : 14th OCTOBER, 2025. FINAL ORDER:- 1. The present Writ Petition takes exception to order dated 19.11.2024 passed by Civil Judge Senior Division, Kolhapur below Exhibit-33 and 44 in Regular Civil Suit No.781/2024 by which Civil Judge Senior Division rejected application filed by respondents below Exhibits-33 and 44 for rejection of plaint under Order VII Rule 11 of Code of Civil Procedure. However, recorded findings that relief of declaration in respect of construction/building permission as claimed in plaint is barred by provisions of Section 149 of MRTP Act. As such Civil Court has no jurisdiction to entertain suit for declaration as claimed in plaint. 2. The impugned order dated 19.11.2024 passed below Exhibits-33 and 44 has been independently challenged by respondent nos.1 and 2/original defendant nos.1 and 2 in Civil Revision Application No.635/2024 and Civil Revision Application (Stamp) No.5091/2025. They were aggrieved by rejection of application filed by them below Exhibits-33 and 44. This Court by elaborate order allowed Civil Revision Applications and rejected plaint in Regular Civil Suit No.781/2024. (3) wp-2925-2025.odt 3. In result, present Writ Petition stands rejected for reasons recorded in final order passed in Civil Revision Application No.635/2024 and Civil Revision Application (Stamp) No.5091/2025. (S. G. CHAPALGAONKAR) JUDGE Devendra/October-2025