The central legal point established in the judgment is the exclusivity of the Collector's jurisdiction over disputes regarding rights over immovable property vested in the Gram Panchayat under the Act, and the availability of alternative remedies before the appropriate Forum/Collector.

JUDGMENT

Manjari Nehru Kaul, J. - This order shall dispose of CR-3394-2019 and CR-14336-2018, as both the above noted revision petitions are inter connected.

2. In CR-3394-2019 filed under Article 227 of the constitution of India, the petitioner is seeking setting aside of the order dated 04.05.2019 (annexed as Annexure P-1), passed by the learned Civil Judge (Sr. Divn.), Charkhi Dadri, whereby, it dismissed an application under Order 7 Rule 11 of CPC, filed by the petitioner/defendant - Gram Panchayat, seekingrejection of plaint on account of lack of jurisdiction.

3. Further, in CR-14336-2018 filed under Article 227 of the constitution of India, the petitioner is seeking setting aside of the order 23.02.2018 (annexed as Annexure P-2), vide which the injunction application filed by the respondents/plaintiffs under Order 39 Rule 1 CPC was allowed by learned Civil Judge (Sr. Divn.), Charkhi Dadri and also seeking setting aside of the order dated 12.11.2018 (annexed as Annexures P-l), whereby, the appeal filed by the petitioner/defendant against the order dated 12.11.2018, was dismissed, by the learned Additional District Judge, Charkhi Dadri.

4. Parties to the lis hereinafter shall be referred to by their original positions in the suit.

5. Learned counsel for the defendant - Gram Panchayat (petitioner herein) submits that the plaintiffs (respondents herein) filed a suit for title under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') for declaring them as owners in possession of the suit land before the Court of Collector, Charkhi Dadri. During the pendency, of the suit before the Court of Collector, plaintiffs also filed the suit in question i.e. Civil Suit i.e. CS-870-2017, before the learned Civil Judge (Sr. Divn.), Charkhi Dadri, for restraining the defendant from dispossessing or interfering into the peaceful possession of the plaintiffs in the suit property. Learned counsel further submits that while passing the impugned order, the Court below committed a patent illegality in failing to appreciate that since the jurisdiction of the Civil Court was specifically barred under Section 13 of the Act, the suit in question was not maintainable. He still further submits that the trial Courtgravely erred in observing that since the trial was at the stage of evidence, an application under Order 7 Rule 11 of CPC was not maintainable. Learned counsel submits that as long as the trial had not concluded, an application under Order 7 Rule 11 of CPC could be filed.

6. Learned counsel for the plaintiffs on the other hand has vehemently disputed the submissions made by the counsel opposite by urging that the plaintiffs have been in physical possession of the suit land since the year 1928. He submits that the suit land has been wrongly mutated in the name of the defendant vide mutation No. 156 without even issuing any notice to them. Learned counsel submits that the suit for permanent injunction to restrain the defendants was not barred under Section 13 of the Act, more so, when they had already filed a suit for title before the Court of the Collector. Learned counsel, therefore, submits that the civil suit in question was maintainable as there was no other remedy available to the plaintiffs to restrain the defendant from interfering in to their peaceful possession.

7. I have heard learned counsel for the parties and perused the relevant material on record.

8. It would be apposite to reproduce the relevant provisions of Section 13 of the Act"-

"13. Bar of Jurisdiction in Civil Courts:-

No civil court shall have jurisdiction: -(a) to entertain or adjudicate upon any question, whether- (i) any land or other immovable property is or not shamilat deh;

(ii) any land or other immovable property or any right, title or interest in such land orother immovable property vests or does not vest in apanchayat under this Act;

(b) in respect of any matter which any revenue court, officer or authority is empow