( 1 ) BY filing this Revision Application, the petitioner, original plaintiff, has challenged order dated 15-10-1998 passed by Deputy collector, Palitana in Revision Application No. 2 of 1997-1998. By the said order, the Deputy Collector, Palitana has allowed the Revision Application filed by the original defendants-respondent Nos. 1 and 2 herein.

( 2 ) THE proceedings arises out of the Mamlatdar s Courts Act, 1906 (hereinafter referred to as the Act ). The petitioner herein instituted proceedings before the Mamlatdar under the Act being Case No. 1 of 1995-1996. It was the case of the petitioner herein that he is holding lands bearing Survey Nos. 164, 172 and 173 at village Langala and respondent Nos. 1 and 2 are holding lands bearing Survey Nos. 165, 174 and 175 at the same village. It was the case of the petitioner that there is a vahera (water-course) flowing through the lands held by the respondents and the petitioner and even his predecessor-in-title were assessing Survey Nos. 164, 172 and 173 through the water course. However, on account of some dispute, the respondents closed the way through the water-course. The petitioner therefore filed Suit No. 1 of 19