Rajendra Babarao Jadhav And ... vs Netaji Janardhan Kale And Others
2022 Latest Caselaw 10647 Bom

                                                         1                             95.WP.6348-2022.odt




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

                            WRIT PETITION NO. 6348 OF 2022
                              ( Rajendra Babarao Jadhav & Ors.
                                              Vs.
                                 Netaji Janardhan Kale & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. Abhay Sambre, Advocate for the Petitioners.
                                  Mr. M.P. Khajanchi, Advocate for the Respondent No.1.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 13th OCTOBER, 2022.

Heard Mr. Sambre, learned counsel for the petitioners and Mr. Khanjanchi, learned counsel for the respondent No.1.

2. On 12.10.2022 after hearing the learned counsels, this Court has passed the following order:

"At the request of Mr. Sambre, learned counsel for the petitioners, list this petition on 13/10/2022, to address on the limited question, whether finding recorded by the Mamlatdar under Section 5 of the Mamlatdar Courts Act would act as res judicata in a suit before the Civil Court as prima facie the matter appears to be covered by the National Institute of Mental Health and Neuro Sciences Vs. C. Parmeshwara reported in (2005) 2 SCC 256 (para 8)."

2 95.WP.6348-2022.odt

3. Today Mr. Sambre, learned counsel for the petitioners fairly concedes, that the issue is covered by the judgment of this Court in Vasudev Pandharinath Raikar and others Vs. Manoj Mohan Dalvi and others, 2018 (4) Mh.L.J, 927 para 12, which holds that Section 5 of the Mamlatdar Courts Act, does not operate as res judicata as proceeding before the Civil Court, considering which, there does not appear any merit in this petition.

4. The Petition is dismissed. No costs.

5. Pending application/s, if any, shall stand disposed of accordingly.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:14.10.2022 14:43