Ravindra S/O Namdeao Kukade v. Arun S/O Namdeo Kukade And Others

2024:BHC-NAG:11738 1 wp 6235.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.6235/2024 (Ravindra V Arun and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Chandekar, Advocate for the petitioner. Ms D. Sapkal, AGP for resp. no.4.

CORAM : N.R. Borkar, J.

DATE : 17-10-2024.

This petition takes exception to the order passed by respondent No.4 dated 31-07-2024.

ii.

The respondents herein had filed an application under Section 5 of Mamlatdars' Courts Act, 1906 (for short, 'the Act'). The dispute between the parties is in relation to right of way.

iii.

By order dated 31-03-2023, the Mamladar allowed the said application.

iv.

By the order impugned respondent No.4 has dismissed the revision filed by the petitioner against the order of the Mamlatdar.

v.

The petitioner and respondent No.1 are real brothers. The Mamlatdar has recorded the finding that there

2 wp 6235.24.odt is no alternate way available to the respondents to approach to their fields except the disputed way.

vi.

The learned Counsel for the petitioner submits that the Mamlatdar has passed the order without following the procedure provided under Sections 7 to 10 of the Act. However, in view of the finding recorded by the Mamlatdar and as remedy of civil suit is available to the petitioner, I am not inclined to interfere in the impugned orders. vii.

The petition is dismissed.

(N.R. Borkar, J. ) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 18/10/2024 18:15:13