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2021 Supreme(Bom) 325

SANDEEP K.SHINDE
Bhagwat Buasaheb Phunde – Appellant
Versus
Rama Srihari Ghule – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shaikh Tarek Mobin H., Advocate
For the Respondent: Mr. A.G. Ambetkar, Mr. R.B. Bagul, Adv

JUDGMENT :

1. Rule.

2. Rule made returnable forthwith. Heard both sides by consent for final disposal.

3. Instant petition challenges order dated 21st May, 2020 passed by Tahsildar under Section 5(2) of the Mamlatdar’s Courts Act, 1906 and order dated 3rd March, 2021 passed in RTS Revision No. 68/2020 under Section 23(2) of the Mamlatdar’s Courts Act (‘Act’ for short), passed by the Sub-Divisional Officer, Pathardi Division, Pathardi.

4. Factual Matrix : On 15th July, 2021, the Respondents herein sought preventive injunction against the Petitioner from obstructing them, from using the road that passes through the Gut No. 20 and to remove impediment caused by him thereto. Tahsildar vide order dated 6th March, 2012 granted the injunction. In Revision at the instance of the Petitioner, the Sub-Divisional Officer vide order dated 22nd July, 2012 set aside the injunction order and remanded the proceedings to Tahsildar for reconsideration and directed to conclude the proceedings within three months. In the mean while, parties were directed to maintain status-quo. Unfortunately, Tahsildar concluded the proceedings on 7th March, 2019 (after eight years), whereby directed the Petitioner to remo

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