Balasheb Jarichand Tupere v. Pradip Mohan Ghodke And ORS

ppn 1 15.cra-495.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.495 OF 2015 Balasheb Jarichand Tupere ..

Applicant Vs.

Pradip Mohan Ghodke & Anr.

..

Respondents --- Mr.Anand S. Kulkarni for the applicant.

Mr.R.S. Alange for the respondent nos.1 & 2. --- CORAM : R.D. DHANUKA, J.

DATE : 28th February 2018 P.C.:

.

Learned counsel for the applicant seeks liberty to delete the name of the respondent no.3 from cause title of the application. Amendment to be carried out forthwith. Re-verification is dispensed with. 2.

Admit. Learned counsel appearing for the respondent nos.1 and 2 waives service. By consent of the parties, the application is heard finally forthwith.

3.

By this application filed under Section 115 of the Code of Civil Procedure, the applicant has impugned the order dated 12th March 2015 passed by the Sub-Divisional Officer, Solapur No.1 at Solapur. 4.

The impugned order is passed under Section 23(2) of the Mamlatdars' Courts Act, 1906. This Court in the case of Ramesh Damu Patil Vs. Purushottam Umrao Chavan & Ors., reported in 2017 (1) Mh.L.J. 818 has held that the Sub-Divisional Officer is not empowered to decide revision application under Section 23(2A) of the Mamlatdars'

ppn 2 15.cra-495.15.doc Courts Act, 1906. The said judgment squarely applies to the facts of this case.

5.

I therefore pass the following order :- (i) The order dated 12th March 2015 passed by the Sub-Divisional Officer, Solapur No.1 at Solapur in Rasta Vahivat No.25 of 2014 is set aside.

(ii) Rasta Vahivat No.25 of 2014 is restored to file before the learned Collector, Solapur.

(iii) Learned Collector, Solapur himself shall dispose of the said revision application within a period of four months from the date of first hearing or shall delegate the said power to one of the designated officers prescribed in Section 23(2A) of the Mamlatdars' Courts Act, 1906.

(iv) Learned Officer shall pass a fresh order after hearing the parties on merits and without being influenced by the findings rendered and the conclusion drawn in the order dated 12th March 2015 expeditiously.

(v) Learned Collector shall not grant unnecessary adjournment to any of the parties.

(vi) Parties are directed to remain present before the learned Collector, Solapur on 15th March 2018 at 3.00 p.m. The applicant is directed to convey this order to the learned Collector, Solapur. (vii) Application is made absolute in aforesaid terms. No order as to costs.

(viii) Parties to act on the authenticated copy of this order. R.D. DHANUKA, J.