SHANI MANDIR SHIKHWADA Vs. ANUPAM

JUDGEMENT

(1.) The challenge in this Writ Petition is to the order dtd. 30/1/2020 passed by 5th Joint Civil Judge, Senior Division, Beed, rejecting the application Exhibit 36 in Regular Civil Suit No.482 of 2019. The application below Exhibit 36 was moved by defendant no.3 (petitioner herein) for rejection of the plaint in view of Order VII Rule 11(d) of the Code of Civil Procedure ("C.P.C.", for short). Defendant no.3 is, therefore, before this Court in this Writ Petition.

(2.) Heard. Perused the impugned order.

(3.) Mr.Salunke, learned counsel for the petitioner, would submit that the suit is hit by multifariousness of causes of action. The suit property is situated at Georai, Dist. Beed. No relief has been claimed against the State of Maharashtra or its officials. The Court at Beed had, therefore, no territorial jurisdiction to entertain and try the suit. Relief of declaration regarding entries in the revenue record has been sought. Moreover, the relief of declaration as regards the decision given by the Assistant Charity Commissioner in Change Reports have also been sought to be declared as non-est. Moreover, the proceedings held under the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 and the Maharashtra Agricultural Lands (Ceiling on Holding) Act, 1961 have also been sought to be impliedly set aside. The trial Court ought to have allowed the application for rejection of the plaint. Learned counsel, therefore, urged for allowing the Writ Petition.