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SA No.09/2015
Vijay Kumar
S/o Shri Gendimal Sachdev,
aged about 45 years,
R/o Khaleswar, Umaria,
District Umaria (M.P.) Appellant/
Plaintiff
…..............................................................................................................
JUDGMENT
(12-12-2017)
counsel for the appellant mainly on the grounds that the relief
prayed in the plaint in the civil suit was for declaration of title
and injunction against interference in possession of the plaintiff
on disputed land. Only civil Court has jurisdiction to try such
suit. In these circumstances, a regular civil appeal could not
become infructuous simply because the order of the Collector
passed in the parallel revenue case, was set aside. Inviting
attention to paragraphs numbers 18, 19 and 20 of the judgment
of the first appellate Court, learned Government Advocate for
the respondent/State has contended that the Revenue Board
decide revision and set aside the order of the Collector, Umaria
on 31.10.2012. The first appellate Court decided the regular
civil appeal on 17.12.2014. Thus, the order of the Revenue
Board had been passed more than two years before the date of
the judgment of the appellate Court. It was plaintiff's suit and
his appeal; therefore, it was the duty of the plaintiff to have
brought to the notice of the first appellate Court that such an
order has been passed by the Revenue Board. However,
plaintiff/appellant failed to bring the order of Revenue Board to
the notice of the appellate Court.
9. Learned Government Advocate for the respondent/State
has invited attention of the Court to the judgment rendered by
Supreme Court in the case of Rohini Prasad and Others Vs.
Kasturchand and Another, (2000) 3 SCC 668, wherein, it has
been held that the determination of the question of title is the
province of the civil Court and unless there is any express
provision to the contrary, exclusion of the civil Court cannot be
9
SA No.09/2015
(C.V. Sirpurkar)
Judge
b
Digitally signed by BIJU BABY
Date: 2017.12.14 23:15:56
-08'00'
HIGH COURT OF MADHYA PRADESH : AT JABALPUR
Vijay Kumar
Vs.
JUDGMENT
(C.V. Sirpurkar)
Judge