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2026 DAILYLAW 3228 (BOM)

VASANT BABURAO LIPANE AND OTHERS v. BALASAHEB KACHRU DAHITULE

CRA/167/2026 · 2026-08-14

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Judgment text

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( 1 ) 927 cra 167.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 927 CRA NO. 167 OF 2026 VASANT BABURAO LIPANE AND OTHERS VERSUS BALASAHEB KACHRU DAHITULE ….. Advocate for the Applicants : Mr. Taur Mahesh S. ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 14.08.2026 P.C.:- 1. This Civil Revision Application is filed against the order passed by the learned C.J.J.D., Newasa, District Ahmednagar on 18.04.2026 below Exhibits 23 and 32 in R.C.S. No. 863 of 2025. The suit was filed for perpetual injunction, and the present application has been filed by the defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908, contending that no cause of action has arisen for entertaining the suit. 2. It is contended by the plaintiff that, earlier, R.C.S. No. 319 of 2021 was filed by the predecessor of the plaintiff, which came to be dismissed in default on 21.04.2024. Thereafter, R.C.S. No. 863 of 2025 was filed on 25.09.2025. It is contended that the said suit is not maintainable, as the cause of action had already arisen at the time of filing of the earlier suit. 2026:BHC-AUG:36408 ( 2 ) 927 cra 167.26 3. Upon perusal of the impugned order and the reasons recorded therein, it appears that the learned Trial Court held that the causes of action in both the suits are different. The learned Trial Court further observed that a false or frivolous cause of action is not a ground contemplated under Order VII Rule 11 of the Code of Civil Procedure. The impugned order is legal and correct, and there is no substance in the application filed by the defendants. Hence, the present civil revision application stands dismissed. [SANJAY A. DESHMUKH, J.] mubashir