Arjuna S/O Baliram Kale And ... vs The Sub-Divisional Officer, ...
2016 Latest Caselaw 6945 Bom

                                                                                   
    C.R.A. No.52/2015                              1




                                                          
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                      CIVIL REVISION APPLICATION NO.52 OF 2015




                                                         
    Applicants               :   1] Arjuna s/o Baliram Kale,
                                    Aged about : Adult, Occupation : Agriculturist.

                                  2] Laxman s/o Baliram Kale,




                                             
                                     Aged about : Adult, Occupation : Agriculturist.
                               ig   Both are r/o Sawargaon Zire, 
                                    Tahsil and District Wardha.

                                    -- Versus --
                             
    Respondents              :   1] The Sub-Divisional Officer, Washim, 
                                    Tahsil and District Washim.
      

                                  2] The Naib Tahsildar, Washim,
                                     Tahsil and District Washim.
   



                                  3] Chandrakant s/o Sudama Ambhore,
                                     Aged : Major, Occupation : Service,
                                     R/o Ramkrushna Nagar, Near City Gate One, 
                                     In front of Budha Vihar, Shanti Nagar, 





                                     Akola Byepass, Hingoli, 
                                     Tahsil and District Hingoli.

                    =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                       Shri R.N. Ghuge, Advocate for the Applicants.





                    Shri M.A. Kadu, A.G.P. for Respondent Nos.1 and 2.
                    Shri S.A. Chaudhari, Advocate for Respondent No.3.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                              C ORAM :  S. B. SHUKRE, J.

                             DATE     :  5
                                              DECEMBER, 2016.
                                           th




    ORAL JUDGMENT :- 

Heard Shri R.N. Ghuge, learned Counsel for the applicants,

Shri S.A. Chaudhari, learned Counsel for respondent No.3 and Shri M.A.

Kadu, learned Assistant Government Pleader for respondent Nos.1 and 2

finally by consent.

02] The application that was filed by respondent No.3 was for

removal of impediments in his getting access to his agricultural field. This

access was passing through along East-West Dhura between Field Survey

No.586 and Field Survey No.589. The said application was filed under

Section 5 of the Mamlatdar's Courts Act, 1906. In that application, there is a

clearcut mention about passing of a decree of injunction against these

applicants in the civil suit being No.242/2009. This decree was in respect of

the same subject matter. As the present application is filed under Section 5 of

the Mamlatdar's Courts Act, obviously the bar under Section 26(b) of the said

Act would operate in this case and, therefore, the Naib Tahsildar, who

allowed the application and the Sub-Divisional Officer, who confirmed the

order of the Naib Tahsildar, could not have passed any order upon such an

application. The civil revision application, therefore, deserves to be allowed.

03] The civil revision application is allowed. The impugned orders

are quashed and set aside. No costs.

JUDGE *sdw