JUDGMENT :

ADMIT.

2. Shri Y. B. Mandpe, learned counsel for the respondent Nos. 1 to 3 and Shri I.J. Damle, learned A.G.P. for the respondent No. 4State, waive notice.

3. Heard Shri M.P. Khajanchi, learned counsel for the appellant, Shri Y. B. Mandpe, learned counsel for the respondent Nos. 1 to 3, and Shri I. J. Damle, learned A.G.P. for the respondent No. 4State, on the following substantial questions of law :—

i. Whether the First Appellate Court is correct in considering the evidence of the appellant/plaintiff for deciding the application for rejection of plaint ?

ii. What is the effect of admission of father of the respondents/ defendants that he is non-tribal in the consent decree between the parties before the Civil Court ?

iii. What is the effect of existence of consent decree between the parties vis-à-vis the orders of the Revenue Authorities ?

iv. Whether the plaint is correctly rejected when the suit for declaration and injunction is within the realm of the Civil Courts only ?

Before answering the substantial questions of law, the facts, in nutshell, necessary to decide this appeal are as under :—

4. The appellant herein is the plaintiff, and the respondents Nos. 1 to 3 are the