AIR 2019 KERALA 42 ::AIROnline 2018 Ker 1068 ::(2018) 4 Ker LT 1133 ::(2018) 4 Ker LJ 873

Kerala High Court

Hon'ble Judge(s): P. Somarajan , J

(A) Gram Nyayalayas Act (4 of 2009) , S.13— Civil jurisdiction of Gram Nyayalayas - Order of injunction in suit for declaration of right to use private way - Challenge as to - Dispute pertaining to use of way would not come within purview of 'use of common pasture' in terms of Sch.II, Part-I - Such dispute would not come under jurisdiction of Gram Nyayalaya - Order liable to set aside. (Para 7) (B) Gram Nyayalayas Act (4 of 2009) , S.13— Civil jurisdiction of Gram Nyayalaya - Notification pertaining to pecuniary limits of jurisdiction of Gram Nyayalayas - Presiding Officer misinterpreting said notification by considering that Gram Nyayalayas are empowered to try all civil suits and passing order of injunction in suit for declaration of right of private way - Disputes within purview of S.13 having value up to Rs.50,000/- alone can be tried by Gram Nyayalaya - Order of Gram Nyayalaya liable to set aside. (Para 7) .....