The Mamlatdar does not have the power to grant any interim relief under the provisions of the M.C. Act, 1906.

JUDGMENT :

Heard Mr. Kukday, learned Counsel for the petitioner, Mr. Deol Pathak, learned Counsel for respondent Nos. 1 and 2, Mr. Hazare, learned Counsel for respondent No. 3 and Mr. Ukey, learned Additional Government Pleader for respondent Nos. 5 and 6. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the rival parties.

2. The writ petition raises a challenge to the order passed by the learned Mamlatdar, in proceedings initiated before him under the provisions of section 5 of the Mamlatdar’s Courts Act, 1906 (“the M.C. Act, 1906”, for short, hereinafter), whereby by an order dated 10-6-2021, temporary interim injunction was granted by him on the application filed by the respondent No. 1, against the petitioner, directing the petitioner, to make open the way. A Revision under section 23 of the M.C. Act, 1906, came to be filed by the present petitioner, which came to be dismissed by the order dated 12-7-2021, maintaining the interim order dated 10-6-2021.

3. Mr. Amit Kukday, learned Counsel for the petitioner, raises an interesting question, by contending, that under the provisions of the M.C. Act, 1906, the Mamlatdar does not have any power to grant any interim relief of any nature whatsoever. The powers conferred upon the learned Mamlatdar, only empower him to decide the issue finally upon inspection of the disputed property and recording such evidence as may be presented before him by the respective parties. He places reliance upon the absence of a provision in the Mamlatdar’s Courts Act to buttress his contention by submitting that it was never the intention of the legislature, to empower the Mamlatdar with powers to pass interim orders and therefore in absence of such powers, both the impugned orders, are clearly without jurisdiction. Mr. Kukday, learned Counsel for the petitioner places his reliance upon the judgment of this Court, in Sanjay s/o Dinkar Kulkarni vs. Shankarappa s/o Ganappa Pasarakar, passed in Civil Revision Application No. 244/1975, dated 7-8-1975, wherein a learned Single Judge of this Court has dealt with this issue, and come to the conclusion that the powers under Order XXXIX, Rule 2 of Civil Procedure Code or for that matter the powers to pass any temporary or interim injunction are not available to the learned Mamlatdar in proceedings initiated before him under section 5 of the M.C. Act, 1906, in view of which, he submits, that the impugned orders ought to go.

4. Mr. Deol Pathak, learned Counsel for the respondent Nos. 1 and 2 by placing reliance upon the language of section 5(a) and (b) of the M.C. Act, 1906, and specifically the expression “to give immediate possession”, contends that the same would indicate the empowerment of learned Mamlatdar to grant an interim relief, in absence of which, the expression “to give immediate possession”, would become redundant. He further places reliance upon the language of section 5(2) of the M.C. Act, 1906, to contend that the power to issue injunction is specifically conferred upon the learned Mamlatdar, which would include and encompass, a power to issue an interim injunction, as in absence of which, according to him, the provisions of section 5(2) of the M.C. Act, 1906 would be rendered otiose. Mr. Pathak, learned Counsel for the respondent Nos. 1 and 2 further submits that the Court of the Mamlatdar, under the provisions of M.C. Act, 1906, has been specifically created as a Civil Court and it has all the attributes of a Civil Court. He submits that the proceedings before the learned Mamlatdar, are styled as a ‘suit’ and commence with a plaint, the requirements of which, are laid down in section 7 of the M.C. Act, 1906. The provisions of section 12 of the M.C. Act, 1906 further enjoin upon the learned Mamlatdar, to reject the plaint in case it is found that there is no compliance with the requirements of Clause - (a) to (f), as contained in section 12, which according to him, is akin to the provisions of Order VII