VIRBHADRA Vs. PIRAJI

JUDGEMENT

(1.) THIS Revision Application has been filed by Petitioners -original Defendants -Judgment Debtors ("J.D.s" for short) of Regular Civil Suit No. 388 of 1999 whose objections in the Regular Darkhast No. 35 of 2006 pending before Civil Judge, Junior Division, Udgir that the decree was nullity, have been rejected as well as their Civil Suit No. 162 of 2013 came to be dismissed.

(2.) IN brief, the case brought by the J.D.s is that the Respondent -Original Plaintiff Piraji Mahadu Waghmare had filed Regular Civil Suit No. 388 of 1999 before Civil Judge, Junior Division, Udgir. Piraji is now represented by his legal heirs. I will refer to the Respondents as Decree Holders. Piraji had filed the Regular Civil Suit for declaration of ownership, possession and injunction as regards Gut Nos. 58 and 61, situated at Shambhu Omerga, Tq -Udgir. J.D.s had contested the Suit claiming that the land was belonging to the Government and that they were "Shikmidars" under the Hyderabad Land Revenue Act, No. VIII of 1317 Fasli ("Revenue Act" in brief) and their status was later converted into "Pattedar". That on implementation of consolidation scheme, certificate was allotted in their favour. The Civil Judge, Junior Division, Udgir decreed the suit on 25th September, 2006. The J.D.s filed Regular Civil Appeal No. 132 of 2006 and the same got dismissed on 28th November, 2011. Second Appeal was filed by the J.D.s in the High Court, having Second Appeal No. 745 of 2011. Even the Second Appeal got dismissed on 9th January, 2012. Special Leave Petition No. 5907 of 2012 filed before the Hon'ble the Supreme Court also came to be dismissed on 27th February, 2012.

(3.) LEARNED counsel for Petitioners -J.D.s further submitted that in favour of Defendant No. 1 Virbhadra and Defendant No. 2 Sheshrao, allotment certificate under Section 24 of the Act of 1947 had been issued and that the same had been filed in the Suit and that the same had not been considered while deciding the Suit. She admitted that dispute in this regard was raised in the Second Appeal but the same was not accepted. According to her, Section 36 -A of the Act of 1947 barred jurisdiction of Civil Court when certificate had been issued in favour of Defendant Nos. 1 and 2.