Shamrao Dnyanu Shewale And ORS v. Raghunath Eknath Patil And ORS

Kartikeya 7-WP-390-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 390 OF 2025 Shamrao Dnyanu Shewale & Ors.

... Petitioners

Versus

Raghunath Eknath Patil & Ors.

... Respondents Mr. Nagesh Y. Chavan, for the Petitioner.

Mrs. M.S. Shrivastava, AGP for the Respondent/State.

CORAM

: SANDEEP V. MARNE, J.

DATE : 13 JANUARY 2025.

P.C. :

1) Heard Mr. Chavan, the learned Counsel appearing for the Petitioners. Prima facie, it appears that filing of proceedings under Section 5 of the Mamlatdars Courts Act, 1906 would be the due process of law contemplated under the order of interim injunction passed by Civil Judge, Senior Division, Sangli on 13 November 2019 in Regular Civil Suit No. 373 of 2011.

2) Therefore, prima facie it appears that the Tahsildar ought to have considered the proceedings initiated by the Petitioners on merits and should not have been influenced by the order of temporary injunction dated 13 November 2019 passed by the Civil Court.

___Page No.

1 of 2 ___ 13 January 2025

Kartikeya 7-WP-390-2025.docx 3) Issue notice to Respondents, returnable on 20 February 2025. In addition to Court notice, private notice is permitted. Mrs. Shrivastava, the learned AGP waives service on behalf of Respondent Nos. 4 and 5.

[SANDEEP V. MARNE, J.] ___Page No.

2 of 2 ___ 13 January 2025