SHRIMANT CHHATRAPATI UDYANRAJE PRATAPSINHMAHARAJ BHOSALE AND ORS. Vs. SHRIMANT CHHATRAPATI VIJAYSINHRAJE SHAHUMAHARAJ BHOSALE AND ORS.

JUDGEMENT

(1.) This Civil Revision Application challenges order dated 22 February 2005 made by Joint Civil Judge, Senior Division, Satara, holding that it has jurisdiction to try the suit instituted by the respondent no. 1 original plaintiff.

(2.) The petitioner original defendant no. 1 relying inter alia upon the Bombay Rent-Free Estates Act, 1852 (Bombay Act XI of 1952), the Exemptions from Land Revenue (I) of 1863 (Bombay Act No.II of 1863) and Exemptions from Land Revenue (No. II) Act, 1863 (Bombay Act VII of 1863), by his application dated 5 July 2003, had urged that the jurisdiction of the Civil Courts was expressly, or in any case impliedly barred, since the suit properties which form the subject matter of Special Civil Suit No. 16 of 2003 were 'Saranjam Properties' and raised questions as to entitlement thereof. A preliminary issue was framed under Section 9A of the CPC (as applicable to the State of Maharashtra) and by the impugned order dated 22 February 2005, the Civil Court, has answered the same against the petitioner defendant no. 1. Hence, the present Civil Revision Application.

(3.) Mr. Patwardhan, the learned counsel for the petitioners made the following submissions in support of the Civil Revision Application:-