Om Prakash Dharampal Agarwal vs. Nirajan Dharmadas Chawla& Anr.

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.78 OF 2012 Om Prakash Dharampal Agarwal .. Applicant Vs. Niranjan Dharmadas Chawla and Anr. .. Respondents Mr.Rafeeq Peermohideen i/b. Mr.Jeetendra Sachdev, Advocate for Applicant. Mr. Sanjay Kshirsagar, Advocate for Respondent No.1. CORAM : R.Y. GANOO, J. DATE : MARCH 31, 2012 P.C.: I have heard the learned advocates on both sides. Applicant is the original defendant No.1 in the Court of Civil Judge, Senior Division, Pune in Special Civil Suit No.643 of 2008. The present applicant is an auction purchaser in regard to the property which was put up for sale by Respondent No.2 Central Bank of India to the extent of 5500 sq. ft. The total area according to the plaintiffs/Respondent No.1 is 6854.2 sq. ft. The Respondent No.1 wants a declaration from the learned Trial Judge in Civil Court that he continues to be the owner in respect of the property admeasuring 1354.2 sq. ft. of the description in the prayer clause (f). pmw 1 Learned advocate for the applicant wanted to contend that Recovery Officer of the Debt Recovery Tribunal will be the competent authority to resolve the dispute raised in the present plaint and, therefore, this court will have no jurisdiction. This contention of the learned Advocate for the applicant cannot sustain because the point raised by the present Respondent No.1 in the aforesaid suit is not concerning the sale of property of a particular description but he wants a declaration that he is the owner and continues to be so in respect of the property described in the plaint and prayer clause (f). Surely, such declaration can be granted by Civil Court and by no other court. In view of the above, the application is dismissed as no interference is required in the impugned order. There shall be no orders as to costs. (R.Y. GANOO, J.)