JUDGMENT

Dt.09.02.2023 (Prashant Kumar Mishra, CJ)

This appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the plaintiff, assails the legality and validity of the docket order dated 12.04.2022 passed by the learned Principal Senior Civil Judge, Guntur in an unnumbered plaint in C.F.R.No.5448 of 2021, rejecting the plaint on the ground that in the obtaining factual matrix, the civil court has no jurisdiction to entertain the suit in view of the provision contained in Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI Act”).

2. The plaintiff has preferred the suit seeking partition of the plaint schedule property by dividing it into two equal shares between the plaintiff and the 1st defendant; allot half share to the plaintiff and deliver possession to him by metes and bounds.

3. When the plaint was presented before the trial court, an objection was raised by the office calling upon the plaintiff to explain as to how the civil court has got jurisdiction to entertain the plaint as the bank has already initiated proceedings under the SARFAESI Act with regard to the plaint schedule