NARAYAN S BITE Vs. MAHADEO SHRIPATI PISE

JUDGEMENT

(1.) THIS writ petition takes exception to the order passed by the Civil Judge, J. D. , Atpadi dated 14-8-1992 below Exh. 28 in R. C. S. No. 20 of 1989.

(2.) BY the application below Exh. 28 the petitioners original defendants prayed that the Court may frame issue regarding Consolidation Scheme and the same be referred to the competent authority under the Bombay Fragmentation and Consolidation Act for being adjudicated as the said issues would arise out of the pleadings of the parties and could be exclusively settled, decided and/or dealt with by the competent authority under the said Act. This application was, however, rejected by the Court below mainly on the ground that the Consolidation Officer has no power to decide the title of the parties while implementing the Consolidation scheme. The Court held that no powers are conferred on the consolidation officer to deprive a person of his title, because the issue of title is an absolute jurisdiction of Civil Court. In the circumstances, the trial Court rejected the said application for referring the issues mentioned in the said application for being decided by the competent authority under the said Act.

(3.) ALTHOUGH all the respondents have been served, none appeared when the matter was called out for hearing.