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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
SHAILESH P.BRAHME
Zilla Parishad, Ahmednagar – Appellant
Versus
Sandip Madhav Khase – Respondent
| Table of Content |
|---|
| 1. jurisdiction under cpc and notice requirements (Para 2 , 4 , 6 , 7) |
| 2. factual background of eviction and suit filed (Para 3 , 5) |
| 3. analysis of notice period compliance and legal distinctions (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. judicial precedents on mandatory notice comparisons (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. final ruling on rejection of plaint (Para 22) |
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Heard both sides finally.
2. Revision Applicants who are original Defendant Nos. 1 and 3 have invoked jurisdiction of this Court under Section 115 of the CIVIL PROCEDURE CODE , taking exception to order dated 01.10.2024 below Exhibit-25 passed by 2nd Joint Civil Judge, Senior Division, Ahmednagar, Ahmednagar in RCS No.652/2024. Their application to reject plaint under Order VII Rule 11 of CPC has been turned down. Respondent No.1 is the Plaintiff in RCS No.652/2024 filed for the relief of declaration and injunction.
3. Respondent No.1 was allotted shop no.3 by Applicant No.1/Zilla Parishad on deposit of Rs.5000/- with effect from 27.12.1999. He accordingly runs a grocery business. It is pleaded that he is punctual in paying rent and taxes. The shop in question is in
Mandatory notice periods under the Maharashtra Zilla Parishads Act and Village Panchayats Act must be complied with prior to filing a suit, and non-compliance renders the suit non-maintainable.
The main legal point established in the judgment is the application of statutory provisions related to deemed conveyance and mandatory notice requirements under the Maharashtra Ownership Flats Act, 1....
Notice under Section 249 of the Kerala Panchayat Raj Act is not mandatory when no relief is claimed against the Panchayat, nor is any action by it challenged.
Notice is mandatory before ejectment of an Asami under Section 202-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.
Civil Courts cannot entertain suits challenging notices of unauthorized construction unless a clear case of nullity is demonstrated, as per statutory provisions under Section 433A of the Maharashtra ....
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