Gujarat High Court
Jayeshbhai Amratbhai Halpati vs Maheshbhai Chotubhai Halpati on 26 October, 2018
Author: B.N. Karia
Bench: B.N. Karia
C/CRA/584/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 584 of 2018
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JAYESHBHAI AMRATBHAI HALPATI
Versus
MAHESHBHAI CHOTUBHAI HALPATI
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Appearance:
MRS NISHA M PARIKH(2397) for the PETITIONER(s) No. 1,2,3,4,5,6,7,8
for the RESPONDENT(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 26/10/2018
ORAL ORDER
The present petitioners have challenged an order passed by the learned Civil Judge, Vapi below Exh:27 in Regular Civil Suit No.14 of 2018 on 15th June, 2018.
Heard learned advocate for the petitioner.
It is submitted by the learned advocate for the petitioner that the dispute would fall under the easementary right which could be decided by the Mamlatdar under Section 5 (2) of the Mamlatdar Act and an application was filed by the petitioners under Section 5(2) of the Mamlatdar Act, which was decided by the concerned Mamlatdar, and therefore, Civil Court has no jurisdiction to try this suit. However, the learned trial Court had rejected the application filed by the petitioners under Order 7 Rule 11(B) of the CPC. It is further submitted that Section 73(AC) of the Bombay Land Revenue Code, 1879 states that no Civil Court shall have Page 1 of 2 C/CRA/584/2018 ORDER jurisdiction to settle, decide or deal with any question which is by or under Section 73A, or Section 73AA or Section 73 AB required to be settled, decided or dealt with by the Collector, who has jurisdiction to entertain such dispute.
Considering the averments made in this petition and submissions made by the learned advocate for the petitioner, issue Notice to the respondents returnable on 7th December, 2018.
(B.N. KARIA, J) ALI Page 2 of 2