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IN THE JUDICATURE OF HIGH COURT AT BOMBAY, BENCH AT AURANGABAD
ARUN R.PEDNEKER
Avantikabai Shankar Shinde – Appellant
Versus
Pratap, s/o Gunderao Jadhav – Respondent
JUDGMENT :
ARUN R. PEDNEKER, J.
1. Rule. Rule made returnable. With consent of the parties, heard finally.
2. By the present petition, the petitioners challenge the order dated 13/08/2012, passed by the Joint Civil Judge, Senior Division, Nilanga, whereby the Court was pleased to decide the preliminary issue relating to the jurisdiction of the Civil Court to entertain the suit and held that the Civil Court has no jurisdiction to entertain the suit and returned the plaint for presentation before proper forum, and also the order dated 19/09/2017 was passed by the District Judge-1, Nilanga, in Misc. Civil Appeal No.25/2012 whereby the order of the Trial Court dated 13/08/2012 was upheld by dismissing the appeal primarily holding that the suit amounts to challenge to the consolidation and fragmentation scheme itself which the plaintiffs cannot do so by filing a civil suit.
3. The question of law that arises for determination before this Court in the present writ petition is as under : -
“Whether the bar under Section 36(A) read with Section 36 (B) of the Prevention of Fragmentation and Consolidation Holdings Act, 1947 is applicable to the suit filed by the plaintiffs/ petitioners ?”
4. For t
Civil Courts retain jurisdiction over ownership disputes despite statutory provisions barring such jurisdiction in consolidation schemes unless expressly excluded.
Civil Courts may not interfere with consolidation records unless significant arbitrariness is demonstrated; judicial procedures must be adhered to diligently.
(1) Revenue entries are not documents of title and do not ordinarily confer or extinguish title in land but, nonetheless, where revenue authorities or consolidation authorities are competent to deter....
The jurisdiction of civil courts is barred under Section 154(1)(e) of the Assam Land Revenue Regulation if the plaintiff is not in possession of the land and fails to meet the conditions for imperfec....
The court affirmed that disputes regarding consolidation schemes must be resolved through appellate remedies, and title disputes among estate holders are to be adjudicated by civil courts, not under ....
Jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and cannot adjudicate title disputes, which are reserved for Civil Courts.
Exclusion of Civil Court's jurisdiction by special statute and the powers of the statutory tribunal were central to the Court's decision.
Civil Courts cannot adjudicate matters concerning partition as per H.P. Land Revenue Act, Section 171, which restricts jurisdiction in partition disputes, asserting that remedy lies within revenue au....
Unregistered Wills granting limited interests do not negate partition rights unless claims about the nature of interests are timely raised during consolidation proceedings, reinforcing exclusive juri....
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