Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 7684 (BOM)

TOUFIK BASHIR SHAIKH AND ANOTHER v. ASLAM BASHIR SHAIKH AND OTHERS

CRA/66/2025 · 2025-03-19

Shri S G Chapalgaonkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 6cra66.25 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 6 CRA NO. 66 OF 2025 TOUFIK BASHIR SHAIKH AND ANOTHER VERSUS ASLAM BASHIR SHAIKH AND OTHERS ... Advocate for the Applicants : Mr. Rahul Omprakash Awasarmol ... CORAM : S. G. CHAPALGAONKAR, J. Dated : 19.03.2025 PER COURT :- 1. Applicants impugn order dated 25.10.2024 passed below Exh. 111 in Special Civil Suit No. 134 of 2022 pending before Civil Judge, Senior Division, Shrirampur, District Ahmednagar. 2. Applicants are original defendant Nos. 5 and 6. Respondent Nos. 1 & 2 instituted suit seeking decree of partition, declaration and perpetual injunction in respect of suit properties as specified in paragraph No. 1 of plaint. Some of the properties are situated within jurisdiction of Court of Civil Judge, Senior Division at Shrirampur, and some situates within jurisdiction of Court at Rahata. In this background, defendants have filed application for return/rejection of plaint vide application below Exh. 111. 3. Learned trial Judge after considering rival submissions noted that issues raised pertains to mixed questions of law and fact and requires adjudication upon recording of evidence. So far as, issue of jurisdiction is concerned, Trial Court rightly referred to Section 17 of Code of Civil Procedure and held that where properties are situated within jurisdiction of different Courts, any one of those Courts, in whose jurisdiction properties are situated, can entertain suit. 4. No perversity or jurisdictional error is discernible in impugned order. Hence Civil Revision Application stands rejected. ( S. G. CHAPALGAONKAR ) JUDGE mahajansb/