LAWS(BOM)-2009-7-178

NARENDRA MOTIBHAI PATEL Vs. JANARDHAN MORESHWAR

Decided On July 29, 2009
NARENDRA MOTIBHAI PATEL Appellant
V/S
JANARDHAN MORESHWAR Respondents

JUDGEMENT

(1.) HEARD Shri. Thakkar, advocate for the appellants and Shri. Khapre, advocate for respondent no. 1. None present for respondent no. 2. Admit. Heard finally.

(2.) THE appellants herein challenge the order passed by the Ad-hoc District Judge-3, Nagpur in Regular Civil Appeal No. 278/ 2005 dated 23. 9. 2008. The order excludes to the jurisdiction of the civil court to try the instant suit holding that Small Causes Court alone has jurisdiction to try the present subject matter.

(3.) REGULAR Civil Suit No. 110/1991 was filed by the appellant for declaration, permanent and mandatory injunction. The reliefs which are sought in the said suit; are thus :