Prakash Sadashiv Jagtap And ANR v. Sunanda Narayan Jagtap And ORS
5. CIVIL WP-17482-24.docx Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17482 OF 2024 Prakash Sadashiv Jagtap & Anr.
.. Petitioners
Versus
Sunanda Narayan Jagtap & Ors.
.. Respondents ....................
Mr. Nilesh Wable, Advocates for Petitioners Mr. Kishor Ajetrao, Advocate for Respondent Nos. 1 and 2 Mr. S.L. Babar, AGP for Resondent - State ...................
CORAM : MILIND N. JADHAV, J.
DATE : JUNE 19, 2025 P. C.
:
1.
Heard.
2.
Mr. Ajetrao, learned Advocate for Respondent Nos. 1 and 2 seeks time to file affidavit in reply. He would submit that affidavit in reply is ready but his clients were supposed to arrive today to affirm the same from Sangli but because of the rain, they are running late. He would persuade the Court to take the affidavit in reply on record after it is affirmed and thereafter hear the present Writ Petition. 3.
Prima facie it is seen that Application made by private Respondents before Mamlatdar Court under Section 5 of the Mamlatdar Court's Act wherein the impugned order is passed is barred by the principles of res judicata and constructive res judicata in as much as an identical Application was preferred by the private
5. CIVIL WP-17482-24.docx Respondents under Section 5 of the said Act previously which came to be dismissed. In that view of the matter, Respondents shall keep the aforesaid issue in mind and accordingly apprise the Court on the next adjourned date.
4.
In the meanwhile, no coercive and further steps shall be taken by the Tahsildar in view of the impugned order dated 10.06.2024 passed by the concerned Authorities. Learned AGP is directed by Court to inform the concerned Tahsildar to ensure that no coercive steps shall be taken by him until the present Petition is heard and decided by the Court.
5.
Stand over to 26th June, 2025.
Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:
2025.06.19 17:58:30 +0530 RAVINDRA MOHAN AMBERKAR