BALKRISHNA PADMAKAR JOSHI Vs. SUPERINTENDING ARCHEOLOGIST

JUDGEMENT

(1.) With the consent of both sides, this appeal is taken up for final disposal at admission stage.

(2.) Being dissatisfied by the judgment and decree passed in Regular Civil Appeal No. 143 of 2015 by the learned District Judge-5, Jalgaon, dated 25.02.2021, thereby remanded Regular Civil Suit No.377 of 2005 to the trial Court for fresh decision, the appellant/original plaintiff has preferred this appeal.

(3.) The subject matter is a residential block consisting of two rooms with toilet and bathroom, situated at a distance of 30 feet away from the ancient monument of Chandikadevi Temple at Patnadevi, Tq. Chalisgaon, District Jalgaon. According to the appellant, the suit house is in existence since 19th century. Forefathers of the appellant has received the suit house by way of Sanad, issued by the Collector, Khandesh in the year 1861. The appellant is performing Archana and services to the deity and looking after the management of the suit premises and getting yearly allowances for the same. Respondent No.1 had issued notification under section 3 of the Ancient Monument and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as 'the Act' for the sake of convenience).