Chhatragun Dhondibhau Jadhav And Others v. The Sub Divisional Officer And Others

2025:BHC-AUG:23460 101-wp-11927-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 101 WRIT PETITION NO. 11927 OF 2024 Chhatragun Dhondibhau Jadhav And Others

VERSUS

The Sub Divisional Officer And Others ...

Ms. Aishwarya N. Tanpure h/f. Mr. R. V. Gore, Advocate for the Petitioner Mr.N. D. Raje, AGP for Respondents Mr.P. K. Nikam. Advocate for Respondent No. 3. ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

18th AUGUST, 2025 P.C.:

1.

In view of judgment dated 04.08.2025, passed in Writ Petition No.5074 of 2022 (Vimal w/o Bhausaheb Nebde Vs. Sub Divisional Officer & Ors.) and other connected matters, present Writ Petition stands disposed of with liberty to the petitioners to avail alternate remedy of filing Civil Suit.

2.

The petitioners may challenge the impugned orders in the said Civil Suit and/or seek adjudication of the controversy forming subject matter of the dispute on merits. It is also made clear that even order of temporary injunction passed by Civil Court prevails over orders passed by authorities under the provisions of the Mamlatdars' Courts Act, 1906 and as such it will be open for the petitioners to file an application for temporary injunction as well.

Narwade/

101-wp-11927-2024.odt 3.

Needless to mention that the Court will decide the application for grant of temporary injunction, as also prayer for ad-interim order, on its own merits.

4.

Period spent in prosecution of the present Writ Petition shall be excluded for computation of limitation in view of Section 14 of the Limitation Act, 1963.

[ROHIT W. JOSHI J.] Narwade/