UTTAM DATTU MALI Vs. JAGANNATH BANDU MALI

JUDGEMENT

(1.) The challenge in this Petition is to the order dated 30 August 2021 passed by the learned Civil Judge, Junior Division, Islampur. By the impugned order, the Application (Exh.24) filed by the Applicants (Defendant Nos.1 and 3 to 7) for stay of the Suit has been rejected.

(2.) The Respondent / Plaintiff has filed aforesaid Suit interalia for an injunction restraining the Applicants / Defendants from obtaining any electric connection on the well situated in the Suit property described in paragraph 'A ' of the plaint and further restraining them from using the said well for irrigation purposes. The Applicants filed Application Exh.24 purportedly based on Section 36-B of the Prevention of Fragmentation and Consolidation of Holdings Act, 1947. It was contended that the Respondent / Plaintiff has moved an Application before the Competent Authority under the said Act stating that there is certain error in the matter of allotment of survey numbers. It was contended that the property described in paragraph 'A ' has been wrongly allotted Survey No.857/3 and the property which is set out in paragraph B has been wrongly allotted Survey No.857/6. Thus, according to the Petitioners, unless and until the said Application filed by the Respondent / Plaintiff is decided by the Authority under the said Act, the Suit should be stayed.

(3.) The learned Trial Court has found that the Applicants have not filed any Written Statement to the Suit nor any reply to the Application for temporary injunction. The Trial Court has found that under Section 36-A the jurisdiction of the Civil Court is barred only in respect of the issues which are required to be settled, decided or dealt with by or under the said Act by the State Government or any Officer or Authority. The Trial Court has found that the Suit as it stands today only involves the right over the well situated in the Suit property described in paragraph 'A ' of the plaint and does not involve any issue as to consolidation of holdings.