Ratnaprabha Sharad Deore And Another v. Hemant Dashrath Sonawane And Others

919.CA.9415.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9415 OF 2021 IN WP/2195/2017 RATNAPRABHA SHARAD DEORE AND ANOTHER

VERSUS

HEMANT DASHRATH SONAWANE AND OTHERS ...

Advocate for Applicants : Mr. Patil Sandesh R. Advocate for Respondent No.1 : Mr. Pramod Gaikwad h/f. Mr. A.G. Talhar AGP for Respondent: Mr. A.A. Jagatkar ...

CORAM

: MANGESH S. PATIL, J.

DATE : 14.10.2021 PER COURT :

The Civil Application has been filed by the petitioners seeking a directions against the respondent Tahsildar directing him to permit them to erect wire fencing around their lands.

2.

After having heard both the sides, it transpires that the petition arises from the orders passed by Tahsildar under Section 5(2) of the Mamlatdar's Courts Act, 1906 and the decision of the Revisional Authority under Section 23(2) of that Act.

3.

It does appear that when the petitioners started erecting fencing around their field, on a complaint by the respondent No.1, the Tahsildar issued a notice to the petitioner seeking an explanation and they have obliged by forwarding one.

4.

However, the relief being claimed is beyond the purview and scope of the present inquiry. The petitioners may have their own remedies 1/2

919.CA.9415.21.odt under law. No direction as prayed for in the Civil Application can be issued. The Application is rejected.

5.

Stand over to 25.11.2021. Interim relief to continue till the next date.

(MANGESH S. PATIL, J.) habeeb 2/2