Ganpati Atmaram Patil And Ors vs Collector Kolhapur And Anr
2023 Latest Caselaw 8170 Bom

2023:BHC-AS:22807
                                                                      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
                                                IN
                                SECOND APPEAL (ST) NO.16082 OF 2022

                    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.]