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2017 Supreme(Bom) 366

A.S.CHANDURKAR
Sau. Aruna wife of Arvind Naik – Appellant
Versus
Kanaiyya son of Maroti Kongre – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. G. Palshikar, Adv.
For the Respondent: Mr. Bhupesh Patil, Adv., Mrs. R.S. Sirpurkar, Adv., Mr. M.A. Kadu, Asstt. Govt

JUDGMENT:

1. The Applicants who are the original defendants in Regular Civil Suit No. 102 of 2014 have challenged the order passed by the trial Court whereby it has been held that the Civil Court has jurisdiction to entertain the suit.

2. The facts relevant for adjudicating the challenge as raised in the Civil Revision Application are that Applicant No.1 was initially the owner of field Survey Nos. 82 to 92 of village Kawadshi. Out of these survey numbers, the Applicant No.1 retained Survey No. 92 and sold the other survey numbers to the applicant nos. 2 to 5. There was some dispute with regard to right of way and hence the applicants herein filed proceedings before Naib Tahsildar for removing the obstruction caused by the non-applicant no.3. The Naib Tahsildar after calling the report of the Talathi passed an order on 7th January, 2013 and by invoking jurisdiction under Section 21 (2) of the Mamlatdars' Courts Act, 1906 [for short, “the said Act”] directed the non-applicant no.3 to remove the obstruction. Being aggrieved, the Non-applicant nos. 1 to 3 filed an appeal before the Sub-Divisional Officer who dismissed the same on 24th September, 2013. The further appeal filed by them be










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