JUDGMENT :

1. This Civil Revision Application challenges an order passed by Civil Judge, Junior Division, Kagal, Kolhapur, on an application of the Applicant herein in a Regular Civil Suit filed by the Respondents herein. The application was under Order 7 Rule 11 of the Code of Civil Procedure (“Code”), on the footing that that the Applicant (original defendant) had adopted measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) against the Respondents’ property and under Section 34 of that act, no civil court had jurisdiction to entertain any suit or application in respect of those measures.

2. The present suit has been filed by the Respondents/plaintiffs inter alia on the ground that the property, being the subject matter of security interest in favour of the Applicant/defendant, is an agricultural land, to which provisions of SARFAESI Act do not apply. The Respondents have averred in the plaint that the suit property is an agricultural land, relying upon a 7/12 extract in respect thereof. The Applicant/defendant herein disputes those averments. According to the Applicant, the property in respect of wh