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2022 Supreme(Guj) 1057

GITA GOPI
Heirs Of Decd Muljibhai Ravabhai Thakor – Appellant
Versus
Yunusbhai Mamadbhai Vora – Respondent


Advocates:
Advocate Appeared:
KISHAN Y DAVE, MR RASESH H PARIKH, MR HEMANG H PARIKH, MR MEHUL SHARAD SHAH, NAJMUDDIN R MEGHANI

JUDGMENT :

1. By way of this Civil Revision Application, the challenge is made to the order below Exhibit 12 in Regular Civil Suit No.268 of 2018 dated 01.07.2021 passed by the learned 3rd Additional Senior Civil Judge, Anand whereby the learned Judge rejected the application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to in short as ‘CPC’), wherein prayer was made for rejection of the plaint, by heirs of the deceased Bhailalbhai Muljibhai Thakor, questioning the maintainability of the Suit claiming bar of jurisdiction under Section 85 of the Gujarat Tenancy and Agricultural Land Act, 1948 (hereinafter referred to in short as ‘the Tenancy Act’).

2. Learned Advocate for the applicants Mr. Hemang H. Parikh contends that the Civil Suit No.26 of 2018 was not even required to be admitted, since the pleadings made by the plaintiff shows that the Suit was barred under Section 85 of the Tenancy Act and no Civil Court has jurisdiction to settle or decide or deal with the matters dealt with by the Mamlatdar or the Tribunal or the Collector or the State Government in Appeal or revision. The Civil Court ought to have rejected the plaint outright even wi

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