BHARATIYA ADIMA JATTI SEVAKA SANGH (REGD.) Vs. SANJEEVAPPA

JUDGEMENT

(1.) The petitioner/defendant filed the above Civil Revision Petition challenging the order dated 20.04.2015 on I.A. No.14 in O.S. No.298/2013, dismissing the application as not maintainable, holding that the Court has got jurisdiction to entertain and try the suit filed by the plaintiff in the present form.

(2.) The respondent/plaintiff filed O.S. No.298/2013 for declaration and permanent injunction in respect of the suit schedule properties, contending that he is the owner, in possession of the suit properties in question, based on a registered sale deed dated 18.06.1998. The same was resisted by the present petitioner/defendant and denied the entire plaint averments and contended that he was in possession of the entire suit schedule properties as the lawful owner, etc.

(3.) When the matter was posted for defendant's evidence, defendant filed an application under Sections 61, 63, 140, 141, 142 and 143 read with Section 25 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act' for short), requesting the Court to dismiss the suit holding that it is only the Revenue Court which has jurisdiction to try the matter involved in the suit but not the Civil Court, contending that the dispute with regard to the measurement and identity of the property, Civil Court has no jurisdiction to decide the same. Therefore, he sought to dismiss the suit.