AVANTIKABAI SHANKAR SHINDE Vs. PRATAP

JUDGEMENT

(1.) Rule. Rule made returnable. With consent of the parties, heard finally.

(2.) By the present petition, the petitioners challenge the order dtd. 13/08/2012, passed by the Joint Civil Judge, Senior Division, Nilanga, whereby the Court was pleased to decide the preliminary issue relating to the jurisdiction of the Civil Court to entertain the suit and held that the Civil Court has no jurisdiction to entertain the suit and returned the plaint for presentation before proper forum, and also the order dtd. 19/09/2017 was passed by the District Judge-1, Nilanga, in Misc. Civil Appeal No.25/2012 whereby the order of the Trial Court dtd. 13/08/2012 was upheld by dismissing the appeal primarily holding that the suit amounts to challenge to the consolidation and fragmentation scheme itself which the plaintiffs cannot do so by filing a civil suit.

(3.) The question of law that arises for determination before this Court in the present writ petition is as under : -