Mahananda Wd/O. Vishwanath ... vs Sau. Sushila W/O. Ramesh Khandare
2023 Latest Caselaw 7585 Bom

                                                                                               (1)                                                  20wp4772.23

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

                                              WRIT PETITION NO. 4774 OF 2023
               Mahananda Vishwanath Wadekar__ Vs. ___Sushila Ramesh Khandare
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. V.B.Bhise, Advocate for the petitioner



                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     31/07/2023


                                               1]                           In an application under Section 143 of
                                               MLR              Code,               the          learned Tahsildar                                   instead of

exercising powers thereunder, had exercised powers under Section 5 of the Mamlatdar Courts' Act and by the order dated 21.4.2020 found obstruction in the existing way and directed its removal.

2] It is contended that the petitioner was not party to this proceedings and upon acquiring knowledge of the order, filed a revision, which came to be withdrawn with liberty to file a suit. RCS No. 41/2020 thereafter came to be filed by the petitioner, in which Exh.5 came to be allowed by the order dated 29.8.2022, against which MCA No.115/2022 came to be filed by the respondent, which initially was allowed exparte by the judgment dated 16.2.2023, which has been set aside on

(2) 20wp4772.23

12.6.2023 and the MCA has again been decided by the impugned judgment dated 1.7.2023, allowing the same, specifically on the ground that during the interim period, the order of the Tahsildar has been implemented.

3] It is contended that the original order dated 21.4.2020 itself was in absence of the petitioner being a party to the proceedings & was clearly not binding upon the petitioner, apart from which since it was an application under Section 143 of the MLR Code, the learned Mamlatdar could not have exercised the powers under Section 5 of the Mamlatdar Courts' Act.

4] Issue notice for final disposal returnable in four weeks.

5] Petitioner to serve the respondent by all modes permissible in law, including Hamdast.

JUDGE Rvjalit