Ganpati Atmaram Patil And ORS v. Collector Kolhapur And ANR

75-SA(ST)-16082-2022.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST) NO.16082 OF 2022 WITH INTERIM APPLICATION NO.30770 OF 2022 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.08.10 18:56:28 +0530 IN SECOND APPEAL (ST) NO.16082 OF 2022 ARJUN VITTHAL KUDHEKAR Ganpati Atmaram Patil & Ors.

...Appellants/ Applicants V/s.

Collector of Kolhapur & Anr.

...Respondents

Mr. S. S. Borulkar i/b Gaurav Nankar, for the Appellants/ Applicants.

CORAM : MADHAV J. JAMDAR, J.

DATED : AUGUST 9, 2023 P.C.:

1.

Heard Mr. Borulkar, learned counsel appearing for the Appellants.

2.

Mr. Borulkar, learned counsel states that the learned Trial Court as well as the learned First Appellate Court has dismissed the suit and appeal respectively on the ground that the Civil Court has no jurisdiction to entertain the suit. He states that the said finding is not legal and, therefore, the Second Appeal is required to be admitted.

3.

However, perusal of the judgment and decree passed by

75-SA(ST)-16082-2022.doc the learned Trial Court shows that the suit was filed for possession and injunction. The factual position on record shows that the suit property was acquired by the Respondents for rehabilitation of the project affected persons of Doodhganga Project. Thereafter, the suit property was allotted to one Rajaram who is legal heir and representative of deceased Sadu Sakhu but he refused to accept the same. Therefore, the suit property is lying unused. 4.

However, both the Courts have held that as the suit property has been acquired, the Civil Court will have no jurisdiction to entertain the suit. Therefore, there is no illegality or perversity in the impugned judgment and decree. 5.

Therefore, the Second Appeal is dismissed, however, with no order as to costs.

6.

In view of dismissal of the Second Appeal, nothing survives in the Interim Application and the same is also dismissed.

[MADHAV J. JAMDAR, J.]