( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 223 OF 1996 Shri Mazar Husain Fajale Husain Bohari .. Appellant Versus The State of Maharashtra and ors. .. Respondents Shri S.A. Kulkarni, Advocate for the appellant. Shri R.C. Patil for respondent No.3. CORAM : P.R. BORKAR,J. DATED : 15.07.2009 P.C. :- 1. Heard Adv. Shri S.A. Kulkarni for the appellant and Adv. Shri R.C. Patil for respondent No.3. This appeal is filed against the findings recorded by the learned Civil Judge, Senior Division, Dhule, in Regular Civil Suit No. 90 of 1990, decided on 15.04.1992, which finding is further confirmed in the First Appeal bearing Regular Civil Appeal ( 2 ) No. 42 of 1992, by II Additional District Judge,Dhule on 12.12.1994. Both the Courts have concurrently held that Civil Court has no jurisdiction to entertain the suit and dismissed the same. Present appellant has sought declaration to the effect that the action taken by the defendants including the mutation effected as a result of de-limitation order passed under the Maharashtra Agricultural Land (Ceiling and Holdings) Act, 1961 is illegal, without jurisdiction; and further sought grant of injunction restraining the respondents from taking any steps for dispossessing the plaintiff/appellant. 2. The question of jurisdiction of Civil Court to entertain the suit is taken as preliminary issue by the Trial Court and the same is decided against the appellant. 3. In view of Section 41 of the Maharashtra Agricultural Land (Ceiling and Holdings) Act, 1961, the jurisdiction of the Civil Court to entertain any suit challenging the decision of respondent No.2 - The Surplus Land Determination Tribunal, Sindhkheda is barred. In view of clear position, in my opinion, this appeal cannot be ( 3 ) admitted and hence the Second Appeal is dismissed at the stage of admission. Parties to bear their own costs. 4. In view of disposal of this Second Appeal, Civil Application No. 1746 of 1995 does not survive. Hence, the Civil Application stands disposed of. [P.R. BORKAR,J.] snk/2009/JUN09/sa223.96