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PRASHANT KUMAR MISHRA, K. V. VISWANATHAN
Unchgaon Village Panchayat – Appellant
Versus
Kolhapur Municipal Corporation – Respondent
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
1. Leave granted in S.L.P. (Civil) Nos. 10001 and 10532 of 2018.
2. These Appeals arise out of a dispute between the Unchgaon Village Panchayat1[For short ‘Panchayat’], Taluka Karveer, District Kolhapur and the Kolhapur Municipal Corporation2[For short ‘Corporation’] concerning the exercise of jurisdiction over certain lands situated in Village Uchgaon and the competence of a Civil Court to entertain a suit challenging the Corporation’s assertion that the said lands fall within municipal limits. The Panchayat had instituted a Regular Civil Suit No. 193 of 2013 seeking declaratory and injunctive relief against the Corporation’s proposed action pursuant to a public notice asserting such jurisdiction. The 3rd Joint Civil Judge3[For short ‘Civil Court’], Junior Division, Kolhapur, held that it possessed jurisdiction to entertain the suit and proceeded to grant interim injunction; however, vide impugned judgment dated 22.02.2018, the High Court of Judicature at Bombay4[For short ‘High Court’], in Civil Revision Application No. 962 of 2014, reversed that finding and held that the dispute could not be adjudicated by a Civil Court, inter alia observing tha
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