Smt. Kantabai Dattatray Taak And Others v. The Sub- Divisional Officer, Umarkhed, Yavatmal And Others

54. CRA 54.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO.70 OF 2024 Govind Bhagwat and ors Vs. The-sub Division Officer, Umarkhed and ors. WITH CIVIL REVISION APPLICATION NO.54 OF 2023 Kantabai Taak Vs. The-sub Division Officer, Umarkhed andors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order CRA 70 of 2024 Mr.V. N. Patre Advocate for applicants.

Mr. N. B. Kalwaghe, Advocate for respondent Nos. 5a, 6,7, & 8 to 13.

Mrs. H. S. Dhande, AGP for respondent/State.

CRA 54 of 2023 Mr. N. B. Kalwaghe, Advocate for LR's of Applicant No.1. Mr.V. N. Patre Advocate for respondent Nos.5 to 8. Mrs. H. S. Dhande, AGP for respondent/State.

CORAM : ROHIT W. JOSHI, J.

DATE : 11.12.2025.

.

These Civil Revision Applications are filed challenging the order passed by the Mamalatdar under Section 5 of the Mamlatdar's Courts Act,1906 with respect to the right of way, which is subsequently modified by the Sub-Divisional Officer (SDO) while deciding the revision under Section 23(2) of the said Act. 2.

The revision petitioners in CRA 70 of 2024 are the plaintiffs and the revision petitioners in CRA 54 of 2023 are the defendants before the learned Mamlatdar . 3.

Both the learned Advocates state that the Civil Revision Applications be disposed by granting liberty to both the parties to seek appropriate redress before the learned Civil Court, by continuing the arrangement as

54. CRA 54.23.odt directed by the learned SDO for a period of around one month.

4.

In view of the above, both Civil Revision Applications are disposed of as withdrawn.

5.

Liberty is granted to both parties to file appropriate civil suits with respect to the same cause of action. The order impugned in the Civil Revision Applications, passed by the learned SDO, shall operate subject to further orders that may be passed by the learned Civil Court.

6.

It will be open for the learned Civil Court to pass appropriate interim order/s contrary to the order passed by the learned SDO, since order passed by learned Civil Court, including interim orders, have overriding effect over the final orders passed in proceedings under the Mamlatdar's Courts Act,1906.

7.

Original record and proceedings of the case be remitted to the respective offices.

(ROHIT W. JOSHI, J.) Tanmay...