Bapu Rajaram Jadhav And Others v. Anil Zipru Jadhav And Others

2025:BHC-AUG:23297 10518.25WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 WRIT PETITION NO.10518 OF 2025 BAPU RAJARAM JADHAV AND OTHERS

VERSUS

ANIL ZIPRU JADHAV AND OTHERS ...

Advocate for the petitioners : Mr.P.S.Pawar AGP for Respondent-State : Mr.K.K.Naik ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 25.08.2025 P.C. :

1] Heard the learned counsel for the petitioners, so also, learned AGP for the respondent-State.

2] The petitioners challenge the order passed by the authorities constituted under the Mamlatdars' Courts Act.

3] In view of the order dated 04.08.2025 passed by this Court in Writ Petition Nos.5074/2024 [Vimal Bhausaheb Nabde Vs. Sub Divisional Offcer] along with connected writ petitions and also in view of Section 22 of the Mamlatdars' Courts Act, any orders passed by the authorities constituted under the Mamlatdars' Courts Act would be subject to the order of the Civil Court.

10518.25WP 4] In view of above, liberty is granted to the petitioners to approach the Civil Court and seek remedy as available in law.

5] The execution and implementation of the impugned orders passed by the authorities below are stayed for a period of three weeks from today. However, it is clarified that the execution and implementation of the impugned orders passed by the authorities below are stayed only for the purpose of enabling the petitioners to approach the Civil Court and the same is not on merits. If such proceedings are initiated by the petitioners before the Civil Court, the Civil Court shall decide the same on its own merits without being influenced by any orders of the authorities under the Mamlatdars' Courts Act or by this Court.

6] As notices are not issued in the matter, if there is any grievance, liberty is granted to the respondents to apply to this Court seeking recall or otherwise. 7] With the above observations, the Writ Petition is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC