PANDHARINATH Vs. JAFAR FATE MOHD.

JUDGEMENT

(1.) The applicants impugn order dtd. 19/3/2018 passed by learned Civil Judge Junior Division, Vaijapur in R.D. Nos.40/2015, 36/2015, 37/2015, 38/2015, 39/2015, 41/2015 and 42/2015, by which application filed below Exhibits 62, 62, 67, 81, 87 and 123 by Sub Divisional Officer on behalf of State has been allowed holding that Civil Judge Junior Division has no jurisdiction to entertain and try objection applications filed by State in pending execution proceeding. Eventually, request letter is issued to Principal District Judge, Aurangabad to withdraw execution proceeding alongwith objection petitions filed by State from the file of Civil Judge Junior Division, Vaijapur and transfer same to the Court of Civil Judge Senior Division, Vaijapur administratively vide Paragraph No.233 of the Civil Manual.

(2.) Brief facts giving rise to present Civil Revision Applications can be narrated as under:

(3.) During pendency of aforesaid objection petitions, Sub Divisional Officer moved applications contending that since objections are instituted on behalf of State, proceeding requires to be transferred to Court of Civil Judge Senior Division in view of Sec. 32 of the Maharashtra Civil Courts Act, 1869. The Civil Judge Junior Division ceased to hold jurisdiction to take up objections filed on behalf of State, which requires hearing and disposal as a suit in light of Paragraph No.345 of Civil Manual.