Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SHAILESH P. BRAHME
Shri Balaji Mandir Sansthan – Appellant
Versus
Sanjay Laxman Pathak – Respondent
| Table of Content |
|---|
| 1. jurisdiction of civil court under cpc. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments against rejection of plaint. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 20) |
| 3. analysis of jurisdiction and rights discussed. (Para 14 , 15 , 16 , 17 , 18 , 19 , 21 , 22 , 23) |
| 4. final ruling on civil revision application. (Para 24) |
ORDER :
Heard the contesting parties finally at the admission stage with their consent. As the matter pertains to order passed under Order VII Rule 11 of the Code of Civil Procedure (for the sake of brevity and convenience hereinafter referred as to the “C.P.C.”), applicants and the respondent No. 1 are the contesting parties, who are original defendant No. 1 and plaintiff respectively in Spl. C. S. No. 16 of 2024.
2. Applicants are aggrieved by rejection of their application Exhibit 95 vide order dated 15.04.2025 passed by the learned Trial Court refusing to reject the plaint.
3. Respondent No. 1 has filed Spl. C. S. No. 16 of 2024 for the relief of declaration and injunction. It is contended that applicant is a trust having old temple of Balaji at Parola. Remaining applicants are office bearers of the trust. It is contended that plaintiff since his forefathers is w
The Civil Court has jurisdiction to hear suits claiming hereditary rights unless explicitly barred; prior judgments must be assessed for relevance in context.
Civil courts lack jurisdiction over disputes concerning endowment properties governed by the Endowments Act, and jurisdictional issues must be resolved through a full trial.
In declaratory suits, the burden of proof lies on the plaintiffs to establish their claims, and appellate courts may not interfere with factual findings unless they are erroneous or based on inadmiss....
The main legal point established in the judgment is that the Civil Court has jurisdiction to decide disputes over hereditary trusteeship when there are rival claimants, and the authorities under the ....
The court ruled that the plaints disclose a valid cause of action, are not barred by limitation, and the religious character of the property requires evidence to be determined at trial.
Amended S.55 TN HR&CE Act abolishes hereditary pujari rights; civil declaration unavailable.
The main legal point established in the judgment is the limitation of the Civil Court's jurisdiction in deciding the status of a deity and the rights of the trustees, as provided under the Hindu Reli....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
