Manas Deepak Aadake vs Deepak Baburao Aadake Advocate - S. P. Wagvekar — 145/2025

Summary: The court rejected Defendant No. 9's (a Multi-State Co-operative Society) application seeking rejection of the plaint under Order VII Rule 11 CPC on grounds of statutory bars under the SARFAESI Act and MSCS Act. The court held that since the suit's primary relief is partition of ancestral property—a civil remedy beyond the jurisdiction of the Debt Recovery Tribunal—the civil court retains jurisdiction and the suit is maintainable. The court also found that the mandatory notice requirement under Section 115 of the MSCS Act applies only to suits directly touching the society's business, which this partition suit does not. This case analysis is maintained by casestatus.in based on publicly available court records.