Basvaraj Shantayya Swami, Through Mahadevi Basvaraj Swami v. Sharad Narhar Kulkarni And ORS

DSS 31-wp-7787-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7787 OF 2013 Basvaraj Shantayya Swami through his authorised person Mahadevi B. Swami .. Petitioner vs.

Sharad N. Kulkarni and ors.

.. Respondents Mr. Ashok Tajane for the Petitioner.

Ms M.S. Bane, B-Panel AGP for the State.

CORAM : M. S. SONAK, J.

DATE : 09 FEBRUARY , 2015.

P.C. :- 1] This petition is directed against the order dated 22 February 2013 made by the Additional Collector, Solapur, rejecting the petitioner's Revision Application against the order dated 26 March 2007 made by the Tahasildar under the Mamlatdars' Courts Act, 1906 (said Act).

2] Apart from the circumstance that two authorities have concurrently recorded the findings against the petitioner, it is to be noted that the proceedings under the said Act are summary in nature and the same do not bar the petitioner from filing a substantive suit to establish his rights or in order to demolish the rights claimed by the respondents. In this view of the matter, there is no need to entertain the present petition.

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DSS 31-wp-7787-13 3] However, it is clarified that making of the impugned order or for that matter non-entertainment of this petition, shall not be held against the petitioner, in case, the petitioner chooses to agitate his rights before the Civil Court. Accordingly, the Civil Court to decide the matter, without being influenced by these considerations. The Civil Court to decide the matter on its own merits and in accordance with law.

4] With the aforesaid observations, the present petition is disposed of. There shall be no order as to costs. (M. S. SONAK, J.) dinesh 2/2