The appellants are the plaintiffs whereas the respondents are the defendants in a civil suit out of which this appeal arises.
The defendants raised several objections about maintainability of the suit.
Whether the suit is barred by limitation.
By judgment and decree dated 10.12.1999, the Trial Judge though answered some issues in plaintiffs favour but eventually dismissed the plaintiffs suit on merits.
The Trial Court framed issues.
1 filed its written statement whereas defendant Nos.
1 2 herein filed appeal being Second Appeal No.
By order dated 16.01.2002, the first Appellate Court allowed the appeal, set aside the judgment and decree of the Trial Court and decreed the plaintiffs suit.
3 4 respondent Nos.
The appellants filed a civil suit R.C.S. No.
Against the said judgment, Defendant Nos.
The plaintiffs felt aggrieved and filed First Appeal R.C.A. No.21/2000 in the Court of District Judge, Ahmednagar.
Defendant No.
They also denied plaintiffs claim on merits.
By impugned judgment, the Single Judge of the High Court allowed the appeal and, in companysequence, set aside the order passed by the District Judge in R.C.A. No.21 of 2000 and companyfirmed the judgment passed by the Civil Judge in R.C.S. No.600 of 1982 which has given rise to filing of the present appeal by way of special leave by the plaintiffs before this Court.
Whether the Civil Court has jurisdiction to decide the nature of the property which issue required to be dealt with by the Charity Commissioner.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 19.07.2007 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Second Appeal No.274 of 2002 whereby the Single Judge of the High Court allowed Signature Not Verified the appeal filed by respondent Nos.1 2 herein and Digitally signed by ANITA MALHOTRA Date 2018.05.11 170148 IST Reason set aside the judgment order dated 16.01.2002 passed by the District Judge, Ahmednagar in R.C.A. No.21 of 2000 and companyfirmed the judgment dated 10.12.1999 passed by the Civil Judge, Junior Division, Ahmednagar in R.C.S. No.600 of 1982.
3 and 4 filed their joint written statement.
600/1982 against the respondents in the Court of Civil Judge, Junior Division, Ahmednagar for declaration that, 1 the suit properties described in detail in the schedule are ancestral properties of the plaintiffs 2 the plaintiffs are the owners of the suit properties, and 3 the suit property described in schedule 1 A is number a Trust property and be declared as the plaintiffs private property.
