SAMBHAJI AMRATA KOLHE Vs. GAYABAI ROHIDA DHAVALE

JUDGEMENT

(1.) By the present petition, under Article 227 of the Constitution of India, the petitioner/original defendant No. 1 has challenged the order dated 3.5.2008 passed by 2nd Ad Hoc District Judge, Nanded in Miscellaneous Civil Appeal No. 75/2006.

(2.) Rule. Rule made returnable forthwith. With the consent of the parties heard finally at the stage of admission.

(3.) With the assistance of learned Counsel for the parties, perused the record. It appears that respondent No. 1 has filed RCS No. 106/2004 against the petitioner and respondents No. 2 and 3 for recovery of possession and for mesne profits of the property mentioned in plaint para No. 1. It also appears that after service of summons the petitioner and respondents No. 2 and 3 appeared in the said suit and contested the same by filing written statement. In the said written statement, objection was raised by the defendants No. 2 and 3 in respect of jurisdiction of the Court, as according to them the Civil Court has no jurisdiction to try and entertain the suit. Accordingly, preliminary issue came to be framed as to "Whether this Court has jurisdiction to try the suit - By order dated 16.4.2007, learned trial Court (5th Joint Civil Judge, Junior Division, Nanded) recorded his finding on the point of jurisdiction in negative. However, instead ofreturning the plaint to respondent No. 1, for presentation of the same in Appropriate Court, the trial Court dismissed the suit and accordingly passed the decree. It further appears that this order came to be challenged by respondent No. 1 by filing Miscellaneous Civil Appeal before the District Court at Nanded. It also appears that the said Miscellaneous Civil Appeal No. 75/2007 was heard by Ad Hoc District Judge, Nanded and vide order dated 3.5.2008 allowed the same and set aside the impugned order passed in RCS No. 106/2004. The said order is impugned in this petition.