DEVALIBAI NANDALYA GAVIT Vs. HONJI RAMA VASAWE

JUDGEMENT

(1.) Civil Revision Application is filed challenging order dated 18 02 2006 passed by the Civil Judge, Senior Division, Nandurbar, below Exhibit 1 in Regular Civil Suit No. 91 of 2000.

(2.) It is the case of the applicants herein that respondent Nos. 1 and 2 have instituted Regular Civil Suit No. 91 of 2000 in the Court of the Civil Judge, Senior Division, Nandurbar for declaration that the plaintiffs are entitled to receive the compensation of land bearing Gat No. 70 of village Keli. They have also sought relief of perpetual injunction restraining defendant Nos.1 and 2 from disbursing the compensation to the original defendant Nos. 3 and 4.

(3.) In the said suit, it is contended by the plaintiffs that names of original defendant Nos. 3 and 4 were wrongly recorded in the record of rights in Gat No. 70. It is further case of the of the applicants herein that, the plaintiffs i.e. respondents herein, have received notices of acquisition, cause of action for the suit arose when the Special Land Acquisition Officer issued notices to receive the compensation on 01 06 2000 to the plaintiffs and defendants and on 21 06 2000 the amount of compensation was likely to be disbursed. It is further case of the applicants that the application was moved vide Exhibit 61 before the Civil Court for framing preliminary issue i.e. whether the Court has jurisdiction to entertain and try the suit The trial Court, after hearing both the sides, held that the said Court has jurisdiction to entertain the suit and passed order below Exhibit 1 in R.C.S. No. 91 of 2000 on 18 02 2006.