Bombay High Court

SANJAY BALASAHEB SHINDEversusROHIT SANJAY SHINDE MINOR UNDER GUARDIANSHIP MOTHER ANITA SANJAY SHINDE

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is dismissed, and the jurisdictional issue is to be decided by the trial court.

Summary

The petitioner, Sanjay Balasaheb Shinde, filed a writ petition challenging an order dated 07/02/2017 passed by the 5th Joint Civil Judge, Junior Division, Dhule, which rejected his application to dismiss Regular Darkhast No.31/2016 on the ground of lack of jurisdiction. The petitioner contended that the Civil Judge Junior Division had no jurisdiction to entertain the darkhast. The High Court examined the findings of the trial court and found no merit to intervene. The Court held that the jurisdictional question should be decided by the trial court itself. Consequently, the writ petition was dismissed, leaving the matter to be resolved by the lower court.

Issues considered

Whether the Civil Judge Junior Division, Dhule, had jurisdiction to entertain Regular Darkhast No.31/2016

Subjects

jurisdiction
writ petition
civil procedure
regular darkhast
high court

Judgment

2026:BHC-AUG:4225


                                                1                      76-WP-7472-17.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              WRIT PETITION NO. 7472 OF 2017

                                    SANJAY BALASAHEB SHINDE
                                             VERSUS
                 ROHIT SANJAY SHINDE, MINOR UNDER GUARDIANSHIP MOTHER
                                                 ...
              Mr. K. F. Shingare, Advocate for the Petitioner
              Ms. Nima R. Suryawanshi, Advocate for Respondent
                                                 ...

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                     DATE : 28th JANUARY, 2026

              PER COURT :

              1.          Heard the learned counsel for respective parties.

              2.          By way of present petition, the petitioner assails the

              order dated 07/02/2017, passed by learned 5 th Joint Civil Judge,

              Junior Division, Dhule, below Exhibit-12 in Regular Darkhast

              No.31/2016, whereby the application 9led by petitioner for dismissal

              of darkhast on the ground that the Civil Judge Junior Division has no

              jurisdiction to entertain said darkhast, was rejected.

              3.          Considering the 9ndings recorded by the Trial Court

              while passing the impugned order, I am not inclined to entertain the

              petition. Writ Petition is, therefore, dismissed. The issue of

              jurisdiction to be considered by the Trial Court while deciding

              Regular Darkhast No.31/2016.



                                              (SIDDHESHWAR S. THOMBRE, J.)




              SVH

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