SHAILENDRA TEWARI Vs. 1ST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition is directed against the judgment dated 26.05.1993 passed by First Additional District Judge, Faizabad allowing appeal filed by respondent no. 2 and setting aside Trial Court's order dated 10.11.1987. The Appellate Court held that suit is cognizable by Civil Court and has directed parties to appear before court below so that the matter may proceed further.

(2.) It is contended that though the land in dispute is "Banjar land" recorded in revenue records and if there is a dispute of title, jurisdiction lies with Revenue Court and not with Civil Court. Reliance is placed on Apex Court's decision in Kamla Prasad and others Vs. Kishna Kant Pathak and others, 2007 4 SCC 213.

(3.) However, I do not find any force in the submission.