Suresh Baburao Kulkarni v. Rukmanbai Shriram Patiol And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO.8755 OF 2014 SURESH BABURAO KULKARNI

VERSUS

RUKMANBAI SHRIRAM PATIOL AND OTHERS ...

Advocate for Petitioner : Mr. S.N. Dudhate h/f. Mr. J.V. Deshpande AGP for Respondents 2 & 3 : Mr. K.B. Jadhavar ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 14/03/2023 PER COURT :

1.

Concurrent orders passed by the Tahsildar and Sub Divisional Officer directing removal of obstruction on the existing road/pathway are challenged in the present writ petition. This petition is pending for long time and there is no interim relief granted by this Court in this writ petition. The proceedings before the Mamlatdar under section 5 of the Mamlatdar Courts Act are never conclusive and always subject to orders passed by the Civil Court. The petitioner is at liberty to pursue the remedy before the Civil Court for declaration/injunction on the land on which the respondents have claimed their right of way.

2.

With the above liberty, the petition stands disposed of. All contentions are left open.

[ARUN R. PEDNEKER J.] ssc/