Prabhakar Marotrao Rasve And Others v. The Sub Divisional Officer, Pathri And Others

2025:BHC-AUG:21802 wp 7288.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 7288 OF 2023 Prabhakar Marotrao Rasve And Others

VERSUS

The Sub Divisional Officer, Pathri And Others ...

Advocate for Petitioners : Mr. A.D. Gade AGP for Respondents: Mr. D.R. Korade Advocate for Respondents : Mr. M.C. Ghode ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 08, 2025 ORDER :- 1.

The petitioners impugns the order dated 6.6.2023 passed by the Sub-Divisional Officer, Pathri, District Parbhani in exercise of revisional jurisdiction under section 23 of the Mamlatdars Courts Act, 1906, thereby application filed by respondent no.3 under section 5 of the Mamlatdars Courts Act is allowed.

2.

This Court in writ petition no.5074 of 2022 dated 4.8.2025 in case of Vimal Bhausaheb Nabde Vs. The Sub Divisional Officer and others took a view that, in case of order passed under Mamlatdars Courts Act, remedy of filing civil suit is available in order to challenge such order and filing of the suit is more meaningful and effective remedy.

wp 7288.23.odt 3.

In view of aforesaid observations of this Court, writ petition stands disposed off, with liberty in favour of petitioners to seek declaration against the impugned order by filing substantive civil suit.

4.

The interim arrangement made under order of this Court dated 7.7.2023 shall continue to operate for a period of four weeks from today. In case, civil suit is filed, petitioners shall be at liberty to apply for interim relief. In case, such application is filed, Civil Court shall consider the same on it's own merits and pass appropriate order after hearing the parties. ( S. G. CHAPALGAONKAR ) Judge ...

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