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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
SHAILESH P.BRAHME
Dipak Chandrabhan Gadhade/Gavande – Appellant
Versus
State of Maharashtra, Through its Collector – Respondent
| Table of Content |
|---|
| 1. easement dispute; suit filed after tahsildar order and appeal withdrawal (Para 1 , 2 , 3 , 6 , 7) |
| 2. parties contend on remedy exclusivity and limitation applicability (Para 4 , 5) |
| 3. section 143 remedies mutually exclusive: appeal or civil suit (Para 8 , 9 , 10) |
| 4. election doctrine bars second remedy after appeal pursuit (Para 11 , 12 , 13) |
| 5. jarasand judgment distinguishable and inapplicable (Para 14) |
| 6. special limitation under section 143(4) excludes limitation act (Para 15 , 16 , 17) |
| 7. suit time-barred; revision allowed, plaint rejected (Para 18 , 19) |
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Heard both sides finally.
2. Applicants are challenging order below Exhibit-19 passed on 30.07.2025 refusing to reject the plaint in Regular Civil Suit No.525 of 2024. The suit was filed by respondent nos.4 to 6 for declaration that the order dated 15.02.2023 passed in Rasta Case No.24 of 2020 by the Tahsildar is bad in law.
3. Applicants – defendants sought rejection of plaint vide application Exhibit-19 on the ground of maintainability of the suit under Section 143 of the MAHARASHTRA LAND REVENUE CODE , 1966 (hereinafter referred to as ‘the Code’) and that the suit is barred by
Remedies under Section 143 of Maharashtra Land Revenue Code against Tahsildar’s right-of-way decision—statutory appeal or civil suit—are mutually exclusive; electing appeal bars suit, even if withdra....
Civil Courts possess jurisdiction to adjudicate easementary rights despite revenue authority's orders, provided disputes are not in respect of Government land.
The revisional authority can exercise powers to rectify injustices despite delays, particularly in cases of documented fraud and jurisdictional excesses under the Orissa Estate Abolition Act.
The main legal point established in the judgment is the importance of correctly identifying the applicable legal provisions and ensuring compliance with the mandatory requirements of the Mamlatdars' ....
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