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ARUN R. PEDNEKER
Raghu S/o Narayan Dukre – Appellant
Versus
Gorakshnath S/o Mahadeo Nalkar – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. By consent of the parties, heard finally.
2. By the present writ petition, the petitioners are challenging the orders passed by the Mamlatdar under Section 5 of the Mamlatdar’s Courts Act, 1906 in Rasta Case No.13 of 2018, and the order dated 28/06/2022 passed by the respondent No.4-The Sub-Divisional Officer, Shrirampur Division, Shrirampur, Dist.Ahmednagar, in Revision No.176 of 2021 allowing the Rasta Case filed by the respondent Nos.1 and 2 herein.
3. Brief facts giving rise to the petition can be summarized as under :-
The petitioners and the respondent Nos.1 and 2 are adjacent land holders. The respondent Nos.1 and 2 had filed a Regular Civil Suit No.23 of 2016 on 07/01/2016 against the said respondents for the following reliefs :-
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English translation reads as under :-
“Order of permanent injunction be passed against the defendant Nos
bar of jurisdiction of Mamlatdar’s Court under Section 26(b), operates only when it is pointed out that the civil suit was filed prior to the institution of proceedings under Section 5 of the said Ac....
The Mamlatdars' Courts Act permits civil court intervention to challenge orders of the Mamlatdar, reaffirming jurisdictional integrity for adjudication of substantive rights.
The Mamlatdar does not have the power to grant any interim relief under the provisions of the M.C. Act, 1906.
The main legal point established in the judgment is that the Mamlatdar had no power to issue an order of temporary injunction under the provisions of the Goa, Daman and Diu Mamlatdar's Court act, 196....
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