GRAM PANCHAYAT Vs. KRISHNA CHARITABLE TRUST

JUDGEMENT

(1.) SHRI Morey learned Advocate for the appellant seeks permission to delete respondents Nos. 14 and 15. Permission granted. Shri C. J. Sawant alongwith Shri Govilkar for respondents Nos. 1 to 13. Rule, returnable forthwith. Taken up for hearing with consent of the parties.

(2.) SPECIAL Civil Suit No. 30/2001 was initiated by the present respondent No. 1 before the Civil Judge, Senior Division, Karad, praying for declaration that the bill dated 10-10-2001 issued by the appellant to the respondent was void ab initio. The contention of the respondent in the suit was it being a charitable trust was not liable to pay the Gram Panchayat taxes which were tried to be recovered through the bill issued to the respondent.

(3.) ON having been noticed the present appellant defendant in the suit through its defence raised the preliminary objection as regards the very maintainability of the suit itself. Reasons being the learned Judge had no jurisdiction and precisely in pursuance of the prayer Clause (b) made in the plaint wherein bill was sought to be declared as unwarranted and illegal. The learned Judge of the trial Court who dealt with the matter upheld the objection raised by the present appellant as regards jurisdiction of the Court holding that it was not well within the competence of the learned Judge of the Court to grant a declaration sought for and more so in view of the specific provisions under sub-sections (5) and (6) of section 124 of the Bombay Village Panchayat Act. This order was passed by the learned Judge of the trial Court on 28-2-2002. Having been dis-satisfied with the above said order, the present respondent original plaintiff preferred Revision Application No. 810/2002 before this Court on which this Court on 10-7-2002 issued rule and granted interim relief in terms of prayer Clause 13 (b) of the Revision Application. The effect of the interim order was staying of the proceeding of Special Civil Suit No. 30/2001 till the decision of the revision application.