Back
REKHA BORANA
Shivdayal Singh – Appellant
Versus
Bhagirath – Respondent
| Table of Content |
|---|
| 1. procedural background of the revision petition (Para 1 , 2 , 3 , 4) |
| 2. questions for court determination (Para 5) |
| 3. right to declare absence of easement (Para 6) |
| 4. jurisdiction of civil courts in easement matters (Para 7 , 8 , 9) |
| 5. rejection of the application under cpc (Para 10) |
| 6. dismissal of the revision petition (Para 11 , 12) |
ORDER :
1. The present revision petition has been filed by petitioner-defendant No. 3 against order dated 08.02.2017 passed by Senior Civil Judge, Ratangarh (Churu) in Civil Original Suit No. 04/2014 whereby an application under Order VII Rule 11 of the Code of Civil Procedure as preferred by him has been dismissed.
2. Before proceeding on with the facts of the present case, it is relevant to note that the present revision petition was earlier dismissed vide order dated 01.06.2017 but review petition against the said order having been allowed vide order dated 02.04.2019, the present revision petition was restored and the same was directed to be listed for consideration afresh.
3. The facts of the case are that a suit for declaration and permanent injunction was filed by Bhagirath, plaintiff No. 1 for declaration that the defendants have no e
Suit for assertion that any person does not have an easementary right and further, to restrain said person from asserting such right can be maintained before Civil Court.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
Civil Courts possess jurisdiction to adjudicate easementary rights despite revenue authority's orders, provided disputes are not in respect of Government land.
The jurisdiction of Civil Courts is barred in matters concerning tenancy rights that are to be decided by the Mamlatdar under the Agricultural Tenancy Act, particularly when the relief sought is a ne....
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
