SANDEEP AND ORS Vs. SUCHITA AND ORS

JUDGEMENT

(1.) The issue involved in both the civil revision applications is common, and the civil revision applications are finally heard at the admission stage with the consent of the parties and are decided by this common judgment.

(2.) Civil Revision Application 60/2018 emanates from Regular Civil Suit 70/2016 instituted by the legal heirs of deceased Bala Gore seeking decree of declaration and permanent injunction. The declaration sought is that the sale-deed dated 01.12.2009 executed by deceased Bala Gore in favour of defendant 1 Sandeep Dakhare and defendant 2 Subhash Chimnaji Gore is illegal, sham, bogus and vitiated by fraud and that the plaintiffs are the owners of the suit property. Consequential reliefs are sought, to which a reference shall be made at a later stage. The defendant 1 Sandeep Dakhare preferred an application for rejection of plaint under Order VII, Rule 11 of the Code of Civil Procedure (Code) contending that the jurisdiction of the civil court is barred in view of the provisions of section 26 of Coal Bearing Areas (Acquisition and Development) Act, 1957 (hereinafter referred to as the Act'). This application is rejected by the Civil Judge (Junior Division), Rajura by order dated 31.01.2018.

(3.) Civil Revision Application 61/2018 assails the order dated 31.01.2018 rendered by the Civil Judge (Junior Division), Rajura in Regular Civil Suit 80/2016 in which suit the defendants 15, 16, 17 and 18 preferred an application for rejection of plaint under Order VII, Rule 11 of the Code on the ground that the jurisdiction of the civil court is ousted in view of the provisions of section 26 of the Act. Regular Civil Suit 80/2016 is instituted by Smt. Manda Arjun Pode, the daughter of deceased Chimanji Gore seeking decree of partition and cancellation of the sale-deed, gift-deed, partition-deed and will executed qua the suit property.