Bhaskar Bapu Jadhav And Others v. Pravin Dhanraj Jadhav And Others

CA 14400/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO.14400 OF 2023 IN REVIEW APPLICATION (CIVIL)(ST) NO. 31866/2023 IN WRIT PETITION NO.7144/2022 WITH REVIEW APPLICATION (CIVIL)(ST) NO. 31866/2023 BHASKAR BAPU JADHAV AND OTHERS

VERSUS

PRAVIN DHANRAJ JADHAV AND OTHERS ...

Advocate for Applicants : Mr. D.S. Mali AGP for Respondent/State : Mr. N.S. Tekale ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 07/12/2023 PER COURT :

1.

Civil Application No. 14400 OF 2023 is filed for condonation of delay of 282 days caused in filing the review. For the reasons stated in the application, the application is allowed. Delay of 282 days caused in filing the review application is condoned.

2.

Heard the learned counsel for the parties.

3.

Mr. Mali, learned counsel for the applicants submits that in terms of section 22 of the Mamlatdar's Courts Act, order passed by the authorities under the Mamlatdar's Courts Act would be subject to the order passed by the competent civil court. He further submits that if suit is filed, any order is passed by the authority under the Mamlatdar's Courts Act would not come in the way of civil court in deciding the civil suit and he seeks observations of this Court indicating above.

4.

In view of the above submission, the review petition is disposed of with the observation that if such suit is filed in the civil court, in terms of

CA 14400/23 section 22 of the Mamlatdar's Courts Act, the order passed by the revenue authorities, so also the order passed by this Court would not influence the proceeding before the Civil Court in deciding the suit or any interim application.

[ARUN R. PEDNEKER J.] ssc/