KAKASO SHANKARRAO MOHITE Vs. REKHA SUBHASH MOHITE

JUDGEMENT

(1.) The Applicant has invoked revisionary jurisdiction of this Court under Sec. 115 of the Code of Civil Procedure, 1908 (the Code) for setting up a challenge to the order dtd. 20/2/2021 passed by the 4th Joint Civil Judge, Senior Division, Baramati, rejecting his Application filed under Order VII Rule 11 of the Code seeking rejection of the Plaint.

(2.) According to the Applicant, who is Defendant No.4 in the Suit, the Plaintiffs began carrying out of construction on the suit property. The Applicant filed Application on 3/7/2017 before the Block Development Officer, Baramati (BDO) complaining that partition of land bearing Gat No.168 was yet to be carried out. Based on Applicant 's complaint, BDO issued letter dtd. 12/7/2017 to Grampanchayat, Late. The Applicant also filed Complaint Application No.180 of 2017 before the Sub Divisional Officer, Baramati (SDO) under Ss. 52, 53 and 54 of the Maharashtra Village Panchayats Act, 1959 (Village Panchayats Act) and Sec. 18 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The Applicant insisted for demolition of structure in Gat No.168. The SDO passed status-quo order on 21/8/2017. After hearing the parties, the SDO passed order dtd. 4/9/2019 under the provisions of Ss. 52, 53 and 54 of the Village Panchayats Act and Sec. 18 of the MRTP Act and directed Tehsildar, Baramati to demolish the unauthorised construction.

(3.) Respondent Nos.1 to 3 have instituted Regular Civil Suit No.172 of 2020 before the court of Civil Judge, Senior Division, Baramati, challenging order dtd. 4/9/2019 and seeking injunction against Defendants from interfering with Plaintiffs ' possession of the construction on the suit land. Applicant is impleaded as Defendant No.4 to the Suit and Defendant Nos.1 to 3 are, Collector, SDO and Tahsildar. The Applicant filed written statement resisting the Suit. He also filed Application under Order VII Rule 11 of the Code seeking rejection of the Plaint on the ground that the Suit is barred under the provisions of Maharashtra Land Revenue Code, 1966 and the MRTP Act. The Application was opposed by the Plaintiffs by filing affidavit-in-reply. By the impugned order dtd. 20/2/2021, the Trial Court has proceeded to reject the Application filed by the Applicant at Exhibit-20. Aggrieved by the order dtd. 20/2/2021, the Applicant has filed the present Revision Application. By order dtd. 15/3/2023 this Court issued notices to the Respondent and has stayed the proceedings of the Suit. Plaintiffs have appeared in the Suit through Advocate.