K RAMAJOIS Vs. CHIEF SECRETARY GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The suit filed by the appellant for declaration that the order passed by the second respondent dated 4-7-1984, is illegal and void and for consequential relief of permanent injunction, was dismissed by the learned Munsiff Thirthahalli in O.S. No. 108 of 1984, on the ground that the Civil Court has no jurisdiction. The appeal filed by the appellant was dismissed by the Additional Civil Judge, Shimoga in R.A. No. 28 of 1986,

(2.) The learned Counsel for the appellant submits that the appellant was not served with any notice prior to the order of eviction passed by the second respondent and hence the civil suit was maintainable. He further contends that the questions involved in the suit were mixed questions of law and fact and therefore the issue relating to jurisdiction of the Court ought not have been decided as a preliminary issue.

(3.) The appellant claim to be in long possession in Survey No.21 of Kavaledurga village and he applied for grant of the land in his favour. The order dated 4-7-1984, was issued and it was alleged that under a mahazar drawn on 5-7-1984, the appellant was dispossessed. This was challenged by the appellant before the learned Munsiff. The suit was dismissed holding that the Civil Court has no jurisdiction inasmuch as the right of appeal against the order dated 4-7-1984, was available to the appellant and without the appellant exhausting the remedy, the suit cannot be maintained.