LEELA NAGESH MANDKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) This appeal arises from the Judgment and Order dated 26-10-2005 passed by the 9th Joint Civil Judge, Senior Division, Pune on the preliminary issue relating to the jurisdiction of the Civil Court to entertain, try and decide the suit challenging the land acquisition proceedings initiated under the Land Acquisition Act, 1894, hereinafter called as "the said Act".

(3.) The appellants have filed the Suit No.423 of 2001 for various reliefs; however, the main relief relates to declaration that the land acquisition proceedings initiated under the Notification No.LAQ/87 dated 26-5-1989 be declared as null and void, as also the Order dated 17-11-1992 and the Order dated 11-10-1993 in Civil Application No.4803 of 1993 in the Writ Petition No.4671 of 1990 be declared to have been obtained by playing fraud upon the Court and, therefore, they are non est ab initio. There are also consequential reliefs asked for. The respondents raised a preliminary issue regarding absence of jurisdiction to the Civil Court to entertain the suit for the grant of the relief asked for. The Civil Court has answered the issue of jurisdiction in negative and has held that it has no jurisdiction to entertain the suit.