Dnyandeo Raghunath Pawar And ORS v. Uttam Rambhau Pawar And ORS

DSS 87-wp-3950-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3950 OF 2013 Dnyadeo R. Pawar and ors.

.. Petitioners vs.

Uttam R. Pawar and ors.

.. Respondents None present for both the parties.

CORAM :

M. S. SONAK, J.

DATE : 7 DECEMBER 2015.

P.C. :- 1] None for the Petitioners.

2] The challenge in this petition is to the order dated 30 April 2012 made by the Sub-Divisional Order (SDO), dismissing the Petitioners' revision under Section 23(1) of the Mamlatdars' Court Act, 1906 (said Act).

3] The SDO has refused to interfere with the order made by the Mamlatdar. The impugned order itself records that the dispute would be best sorted out by resort to the Civil Court. There is no jurisdictional error in making the impugned order. The proceedings under said Act are summary in nature. The Petitioners, notwithstanding the impugned order, have been granted and are always at liberty to institute proceedings before the Civil Court in the matter of dispute raised by the Petitioners. There is accordingly, no reason to entertain the present petition. This petition is dismissed. There shall, however, be no order as to costs. (M. S. SONAK, J.) dinesh 1/1