JUDGMENT:- This writ petition challenges the judgment and order dated 9.3.2009 passed by the Sub-Divisional Officer, Sangamner in Revision Application No.77/2008. By this order, the Sub-Divisional Officer has confirmed the judgment and order dated 17.12.2008 passed by the Tahsildar, Kopargaon in Road Case No.5/2008. As a result of both these orders, the petitioners in the present writ petition are directed to remove obstructions in the way from their field Gat Nos. 40/8, 40/9 for approach to the field Gat No.40/10, owned by the respondent. It is further directed that the petitioners shall not create any obstruction or impediment in the way from Gat Nos.40/8 and 40/9.

2. Notice in this matter was issued on 1st July 2009, in response to it, Shri. P. 13. Shirsat, the learned counsel has appeared for the respondent. The learned counsels for the parties agree that the matter can be finally disposed of at the stage of admission. Hence, Rule, returnable forthwith. The matter is heard by consent of parties.

3. The petitioners are the owners of the Gat Nos.40/8, 40/9 of village Derde-Korhale, whereas the respondent is the owner of Gat No.40/10. The respondent filed an application on 25.4.2008, invoking the jurisdiction of the Mamlatdars' Court under Section 5 of the Mamlatdars' Courts Act, 1906, claiming the relief of direction to the petitioners, (who were joined as respondents) to remove obstructions, and clear the way through their Gat Nos. 40/8 and 40/9 to Gat No.40/10, owned by the respondent. Notice of this application was issued by the Tahsildar on 5.5.2008 and the present petitioners were asked to appear before him on 22.5.2008. Upon receipt of this notice, the petitioners filed Regular Civil Suit No.1 08/2008 on 26.5.2008, which is pending in the Court of Civil Judge, Junior Division, Kopargaon. The suit is for declaration that the respondent herein, who was joined as defendant in that suit, has no right of way through Gat Nos.40/8 and 40/ 9.

4. The Tahsildar Kopargaon, by his order dated 17.12.2008, decided the application filed by the respondent under Section 5 of the Mamlatdars' Courts Act, 1906. The application was allowed and the petitioners were directed to remove obstructions to clear the way through Gat Nos. 40/8 and 40/9 to Gat No. 40/10. It is further directed that the petitioners should not create any obstruction or impediment in the way of the respondent. This order was subject matter of challenge at the instance of the petitioners before the Sub-Divisional Officer, Sangamner by filing revision under Section 22 (2) of the Mamlatdars Courts Act, 1906. The said revision has been dismissed on 9.3.2009, confirming the order dated 17.12.2008 passed in Road Case No. 5/2008 by the Tahsildar. Thus, this petition challenges the orders dated 17.12.2008 and 9.3.2009.

5. Shri. Chapalgaonkar, the learned counsel for the petitioner submits that a detail procedure has been provided under the provisions of Sections 7, 8, 9, 10 and onwards for dealing with the matter. However, this procedure has not been followed, parties are not called upon to lead evidence and the abrupt conclusion has been drawn that the defendant has right of way through Gat No.40/8 and 40/ 9. He submits that the petitioners have filed Regular Civil Suit No. 108/2008 and the jurisdiction of the Civil Court is wider than the jurisdiction of the Mamlatdars' Courts and hence, the Mamlatdars' Courts should not have exercised its jurisdiction when it was pointed that Regular Civil Suit No.108/2008 is pending. He further submits that there is no evidence on record, led by the respondent to establish his right of way. The findings are, therefore, perverse and liable to be set aside.

6. Shri. Shirsat, the learned counsel for the respondent has urged that the Regular Civil Suit No.108/2008 filed by the petitioners is subsequent to the notice issued by the Mamlatdars' Court and hence, the said civil suit was barred under Section 29 of the Mamlatdars' Courts Act, 1906. He furt

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