GANDHI AGENCIES Vs. MUNICIPAL COUNCIL BARSHI

JUDGEMENT

(1.) AFTER hearing both the Counsel, both the second appeals are admitted. The question of law to be decided in these two appeals is formulated as follows :-"whether the Civil Court has jurisdiction to try these two suits?" by consent of both the Counsel, both the appeals were taken up for final hearing. I have heard both the counsel appearing for both the parties.

(2.) THE appellant in Second Appeal No. 525 of 1994 filed a suit against the respondents in Regular Civil Suit No. 661 of 1988 on the file of the learned Civil Judge, Junior Division, Barshi for a permanent injunction to restrain the defendants from recovering the tax from the plaintiff. A similar suit was filed by the appellant in Second Appeal No. 527 of 1994 against the same respondents in the same Court in Regular Civil Suit No. 228 of 1990. After trial, the trial court dismissed the suits as not maintainable. The appellants-plaintiffs filed two appeals in Civil Appeals Nos. 142 and 143 of 1992 in the Court of the District Judge, Solapur. The learned District Judge has dismissed both the appeals on the ground that the suits are not maintainable in the Civil Court. Being aggrieved by that judgment, the plaintiffs in the two suits have come up with these two appeals.

(3.) THE learned counsel for the appellants contended that having regard to the frame of the suits, the Civil Court has jurisdiction and the suits were perfectly maintainable. On the other hand, the learned counsel for the respondents has supported the impugned judgment. The point of law to be decided has already been formulated as mentioned above.