Eknath Bhika Alias Bakaji Suryavanshi (Bhilla) v. Chitra Surendrasingh Pardeshi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5017 OF 2026 SHRI. EKNATH BHIKA ALIAS BAKAJI SURYAVANSHI (BHILLA) ...PETITIONER

Versus

CHITRA SURENDRASINGH PARDESHI AND OTHERS ...RESPONDENTS Ms. Asha Nanasaheb Gunjal, Advocate for the Petitioner appointed through Legal-aid.

Petitioner is present in the Court.

Mr. Bapusaheb B. Dahiphale, AGP, for the State-Respondent.

CORAM

: ARUN R. PEDNEKER, J.

DATE : 12th JUNE, 2026.

Per Court :

1.

Heard learned counsel for the Petitioner.

2.

In the present Petition, the Petitioner challenges the order dated 26th November, 2025 passed by the Revisional Authority under Section 23 of the Mamlatdar's Courts Act, 1906 ("the Act"), whereby the Revisional Authority has set aside the order passed by the Mamlatdar under Section 5 of the Act, dismissing the Application filed by the Respondents for removal of obstruction and has remitted the matter back to Mamlatdar for reconsideration. 3.

Learned counsel appearing for the Petitioner submits that she would prefer a suit to challenge the orders passed by the Authorities constituted under the Act.

4.

In view of Section 22 of the Act, any orders passed by the Authorities constituted under the Act would be subject to any interim or final order passed qua the same subject matter in the Civil Suit. 5.

In view of the same, the Petition is disposed of with liberty to the Petitioner to file such Suit and to seek such appropriate remedy as is available in law. The Petitioner is also at liberty to

defend the remanded proceedings before the Mamlatdar, if so advised.

[ ARUN R. PEDNEKER, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.06.16 18:15:17 +0530 GITALAXMI KRISHNA KOTAWADEKAR