1 cra164.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 164 OF 2011 [ Smt. Urmilabai wd/o. Vasant Baisane & Ors. vs. Shravan s/o Khandu Baisane & Anr. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.G. Magare, Advocate for applicants. CORAM : S.S. SHINDE, J. DATE : 4TH AUGUST, 2011 PER COURT : This Civil Revision Application is preferred challenging the order below Exhibit-1 dated 14-06-2011 passed by learned Joint Civil Judge, Senior Division, Dhule in Regular Civil Suit No.61 of 2011 to the extent of proceeding further with the suit for rest of the claim. Further, it is prayed that Joint Civil Judge, Senior Division, Dhule may be directed to entertain and deal with the application 2 cra164.11 filed by the applicants at Exhibit-20-D strictly in pursuance of the provisions of Section 9(A) of the Civil Procedure Code and dismiss the R.C.S. No. 61 of 2011 on the preliminary issue of jurisdiction. Pending hearing and disposal of this Civil Revision Application, further interim relief is prayed in terms of prayer clause (E). 2. Learned Counsel appearing for the revision applicants submits that, while passing the impugned order, the trial Court has committed error of jurisdiction and error of law. It is further submitted that, it was specifically argued and pleaded before the Court below that the Court has no jurisdiction to entertain the suit and the Civil Judge, Junior Division, has jurisdiction to entertain the suit. Learned Counsel further submitted that, the suit is not properly valued. Suit is filed 3 cra164.11 belatedly after 25 years and therefore, according to learned Counsel for the applicants, this Court may entertain the Civil Revision Application. . Learned Counsel appearing for the revision applicants also invited my attention to the grounds taken in Civil Revision from Pages 6 to 12 and submitted that, this Civil Revision Application may be allowed. 3. I have given due consideration to the submissions of learned Counsel for the applicants. The applicants herein filed application under Order 14 Rule 2 and Section 9-A of the Code of Civil Procedure. which was at Exhibit-20-D. The Joint Civil Judge, Senior Division, Dhule after considering the record of the suit and on hearing the argument of the Counsel, framed preliminary issue i.e. "Whether this Court 4 cra164.11 has jurisdiction to try ands entertain the suit?". Therefore, it cannot be said that there is no proper adjudication by the concerned Court on an application filed by the applicants herein below Exhibit-20-D. The preliminary issue was framed in respect of the jurisdiction. Thereafter, there is further order passed by the concerned Court below Exhibit-1. . After considering the rival submissions and considering the evidence placed on record and on careful scrutiny, the concerned Court reached to the conclusion that the Civil Judge, Senior Division has no jurisdiction to entertain the relief claimed in prayer clause (b) & (e). Since the specific jurisdiction/powers are given to the Revenue Authorities to entertain the prayers (b) & (e), therefore, by order dated 14-06-2011, the concerned Court held that, this Court has no 5 cra164.11 jurisdiction to entertain the relief claimed in prayer clause (b) & (e). 4. I have carefully perused the rest of the prayers in the suit. In my opinion, conclusion reached by the Joint Civil Judge, Senior Division, Dhule that, it can entertain remaining prayers than (b) & (e) is well founded. There is no any jurisdictional error or the concerned Court has not exceeded the jurisdiction or committed any irregularity or illegality while passing such order. Therefore, no case is made out to entertain this Civil Revision Application. Hence, same stands rejected. [S.S. SHINDE, J.] sut/AUG11