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Bombay High CourtWP/9468/2025transfer to other court

Vikramsinh Vijaysingh Pisal, v. State Of Maharashtra

2025-07-11Hon'Ble Shri Justice N. J. Jamadar2 pages

29-wp-9468-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9468 OF 2025 Vikramsinh Vijaysingh Pisal ...

Petitioner V/s.

State of Maharashtra ...

Respondent ------------------- Mr. Rushikesh C. Barge, for the petitioner.

Mr. Hamid Mulla, AGP, for the Respondent No.1/State. -------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.07.14 15:28:40 +0530

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD DATE :

11th JULY 2025 PC:

1.

Heard the learned counsel for the petitioner. 2.

Whether the authorities under the Mamlatdar's Court Act 1906 could have proceeded with the proceedings under Section 5 of the Act, 1906, in view of the institution of a prior suit by respondents nos. 2,4, 24 and 26 before the Court of Civil Judge Junior Division at Wai, and the bar contained in Section 26(b) of the Act, 1906, arises for consideration.

3.

Issue notice to the respondents, returnable on 22nd August 2025. 4.

Learned AGP waives notice to respondent no. 1. 5.

In addition to notice through Court, the petitioner is at liberty to serve the rest of the respondents by private service and file affidavit of varsha

29-wp-9468-2025.doc service.

6.

In the meanwhile, there shall be ad-interim relief in terms of prayer clause (b).

(N.J. JAMADAR, J) varsha