IMPORTANT POINT
A party cannot seek relief in a new suit while suppressing material facts from previous related litigations, as this undermines the integrity of the judicial process.

JUDGMENT/ORDER

1. By the present Writ Petition, Petitioner has prayed for the following reliefs :-

<WXY>"a) Rule be issued; this Hon'ble Court may be pleased to call for the records and proceedings of Miscellaneous Civil Appeal No.139 of 2018 and after examining the legality, validity and propriety thereof, the Impugned Judgment and Order dtd. 20/04/2022 passed by the Ld. District Judge-I, Vasai (being Exhibt_______ to the Petition), be quashed and set aside;

c) Rule be issued; this Hon'ble Court may be pleased to call for the records and proceedings of Application below Exhibit 5 in Regular Civil Suit No. 74 of 2018 and after examining the legality, validity and propriety thereof, the Impugned Judgment and Order dtd. 30/10/2018 passed by the Ld. Civil Judge Senior Division, Vasai (being Exhibit 5 to the Petition), be quashed and set aside and the Application by the Petitioner under Exhibit 5 be allowed;"</WXY>

2. Petitioner is appellant in Miscellaneous Civil Application No. 139 of 2018 filed by her challenging the order dtd. 30/10/2018 passed by the learned Civil Judge Senior Division, Vasai below Exh.5 in Regular Civil Suit. No 74 of 2018 instituted by her. There are two concurrent orders namely order dtd. 30/10/2018 and order dtd. 20/4/2020 against the Petitioner.

3. Respondent Nos.5 and 6 are brothers of the Petitioner, whereas the Respondent Nos.7 to 11 are the contesting Defendants in the civil suit before the learned Trial Court. Land of Respondent Nos.7 to 11 is adjacent to the land of Petitioner and Respondent Nos.5 and 6 in Vasai, District Palghar.

4. According to Petitioner, land bearing Survey No.76 Hissa No

5. /2 (part) admeasuring 00H 9.4R and another portion in Survey No.76 admeasuring 00H 10.5R situated at Village - Dhovali, Taluka - Vasai District - Palghar is the suit property. Petitioner claims that suit property is ancestral property of the Petitioner and Respondents Nos.5 and 6 and they are in joint possession of the same. Petitioner has her residential house on a portion of the suit property. Respondents Nos.7 to 11 are holders of the adjacent property. Dispute between the parties is with respect to a right of way / pathway going from East to West within Survey No.76, alongside the suit property. 5. Admittedly, there are/were several litigations between the parties pending before various authorities in respect of the disputed right of way. It would thus be apposite to describe the disputes between the parties before the statutory authorities before adverting to the facts leading to filing of Regular Civil Suit No.74 of 2018 and passing of the impugned orders.

5.1. Facts pertaining to proceedings before the Mamlatdar and Tahsildar, Vasai: (a) On 8/9/2004, one Mr. Jagannath Bhaskar Vartak not related to the Petitioner made an Application bearing No. Vahivat Dawa 4(a)/2004 was made before the Mamlatdar Court, Vasai under Sec. 5 of the Mamlatdar Court Act, 1906 in respect of the suit property. Petitioner was not made a party in the above proceedings. Respondent Nos.5 and 6 were impleaded as parties.

(b) By Order dtd. 5/3/2010, the learned Tahsildar allowed the Application and directed Respondent Nos.5 and 6 to immediately open the road / pathway which goes from the South to the North side and further not to create any obstacles to the villagers on the said road.

(c) On 27/9/2010, Appeal was preferred by Respondent Nos.5 and 6 which came to be dismissed vide Judgment and Order dtd. 27/9/2010. (d) On 1/7/2011, Writ Petition No.9150 of 2010 was filed by the Respondent Nos.5 and 6 challenging the above dismissal Order, which was disposed by observing that the Petitioners would have to approach the competent Civil Court.

5.2. Facts leading to filing of Regular Civil Suit No. 77 of 2011 in the Civil Court:- (a) In 2011 Petitioner and Respondent Nos.5 and 6 filed R.C.S.No.77 of 2011, inter-alia, seeking reliefs of declaration and permanent injunction in respect of the suit property. (b) By Order dtd. 5/10/2012, the learned