Dismissed

Jagannath Pandharinath Chavan v. Sharda Satish Deshmukh and Ors.

Bombay HC17 Jan 2023WP/10918/2022

Case brief

AI extract

What is this about?

This Court disposed of two writ petitions contesting an order by the Mamlatdar Court regarding land entitlement. Finding the Mamlatdar Court is the competent forum under the Act with inherent jurisdiction, the Court quashed the Civil Court proceedings, directed a fresh inquiry in the Mamlatdar Court observing natural justice, and fixed a schedule for hearing.

What did the court decide?

Writ petitions, Civil suits, and Appeals disposed; Mamlatdar Court ordered to try the case afresh under Act, 1906 within two months with liberty to lead evidence.

Jagannath Pandharinath Chavan Vs Sharda Satish Deshmukh… — Property and Title | Bombay HC (2023)

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7.wp.10915.2022 with 10918.2022.doc

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HARSHADA H. SAWANT ( P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10915 OF 2022

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Jagannath Pandharinath Chavan

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..Petitioner

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Versus
Anna Ramhari Chavan and Ors...Respondents

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WITH

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WRIT PETITION NO.10918 OF 2022

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Jagannath Pandharinath Chavan

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..Petitioner

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Versus

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Sharda Satish Deshmukh and Ors...Respondents

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Mr. Mahindra Deshmukh for Petitioner

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Mrs. V. S. Nimbalkar, AGP for State

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Mr. V. R. Mankapure a/w. Ms. Rati Sinhasane for Respondent Nos.1 to 5 in W.P. No.10918 of 2022

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Mr. Bhooshan R. Mandlik for Respondent Nos.6 to 9 in W.P. No.10918 of 2022 and Respondent No.1 in W.P. No.10915 of 2022

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CORAM:MILIND N. JADHAV, J.
DATE:JANUARY 17, 2023

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P.C.:

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1. Heard Mr. Deshmukh, learned Advocate for Petitioner; Mrs.

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Nimbalkar, learned AGP for State; Mr. Mankapure for Respondent

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Nos.1 to 5 in W.P. No.10918 of 2022 and Mr. Mandlik for Respondent

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Nos.6 to 9 in W.P. No.10918 of 2022 and Respondent No.1 in W.P.
No.10915 of 2022.

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2. On 13.01.2023 this Court after hearing learned Advocates has passed following Order:-

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“1. Heard learned Advocates for the respective parties.

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1 of 4

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7.wp.10915.2022 with 10918.2022.doc

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2.This matter was heard yesterday. Today Mr.
Deshmukh, learned Advocate for Petitioner has sought to re-
argue and reopen the issue by stating that the Petitioner is
having serious apprehension about going back to the
Mamlatdar Court for a fresh enquiry. Admittedly, the two
Writ Petitions filed before the Court emanate from the
original enquiry conducted by the Mamlatdars Court wherein
it is an admitted position that cross examination of
Respondents was not conducted. In that view of the matter
after deliberation, both the parties were informed to consider
the legal position whether the Mamlatdars Court is a Court
itself under the Mamlatdar Courts Act, 1906 and all
proceedings instituted therein are original proceedings. That
apart, under the provisions of Sections 5 to 7 of the 1906
Act, parties will be entitled to lead evidence in respect of
their possession/entitlement to the subject lands.

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3. Considering the apprehension expressed by Mr.
Deshmukh, prima facie it is not possible for this Court to
entertain the present Petition which emanates from the order
dated 23.08.2022 passed by the Mamlatdar Court. I find an
inherent jurisdictional error since parties have challenged the
said order before the Civil Court.

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4. Mr. Deshmukh prays for some accommodation and
time to consider the legal position and apprise the Court on
the next date.

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5. Stand over to 17^th January, 2023 for orders.”

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3. Admittedly, the present dispute between the parties begins with

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the passing of order dated 23.08.2019 by the Mamlatdar Court.

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4. As seen, the proceedings before the Mamlatdar Court are under provisions of the Mamlatdar Court Act, 1906 and it is a Court in itself. The provisions of Sections 5 to 7 of the said Code entitle the parties to lead evidence in respect of possession and entitlement to the subject lands. That apart, there is also a provision for revision under Section 23.

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5. In that view of the matter, challenge to the order dated

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23.08.2019 in the Civil Court proceedings and more specifically in

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2 of 4

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7.wp.10915.2022 with 10918.2022.doc

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view of the fact that cross-examination of the Respondents having not
been offered before passing of the said Order in the Mamlatdar Court,
I find it necessary to pass the following order after hearing the parties:

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i. The order dated 28.06.2021 granting status quo by the learned Trial Court shall continue till the disposal of the proceedings between the parties in the Mamlatdar Court which are indicated hereunder;

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ii.The original proceedings Rasta Case No.1 of 2019
before the Mamlatdar Court Act shall be tried afresh
between the parties by the Mamlatdar Court under the
provisions of the said Act and strictly in accordance
with the law. That apart, parties shall be at liberty to
file additional material / documentary evidence in
support of their respective case and shall also be
entitled to lead evidence;

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iii.Parties shall be entitled to refer to and rely upon all
such material and evidence in support of their case,
namely spot panchnama dated 06.03.2019 and
statements related thereto. Petitioner will be at liberty
to amend the Petition and implead proper and
necessary parties by filing appropriate application
therein;

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3 of 4

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7.wp.10915.2022 with 10918.2022.doc

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iv. It is directed that learned Mamlatdar / Tahsildar shall dispose of the proceedings in Rasta Case No.1 of 2019 within a period of two months from today;

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v. All contentions of the parties are kept expressly open;

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vi. Parties shall appear before learned Mamlatdar on
19.01.2023 at 12.00 noon for fixing the schedule of
hearing. Parties shall not be granted unnecessary
adjournment unless absolutely necessary.

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6. Parties shall act upon an authenticated copy of this Order.

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7. Writ Petition No.10915 of 2022 and Writ Petition No.10918 of 2022 stand disposed of with the above directions.

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8. In view of disposal of Writ Petition Nos.10915 of 2022 and 10918 of 2022, proceedings between the parties i.e. two suits Regular Civil Suit No.96 of 2020 and Regular Civil Suit No.97 of 2020 and two Appeals i.e. Miscellaneous Civil Appeal No.166 of 2021 and Miscellaneous Civil Appeal No.172 of 2021 also stand disposed of.

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[ MILIND N. JADHAV, J. ]

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Digitally signed by SONALI SONALISATISH SATISH KILAJE Date: KILAJE 2023.01.18 16:38:45 +0530

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Jagannath Pandharinath Chavan v. Sharda Satish Deshmukh and Ors.

Case brief

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What did the court decide?

Jagannath Pandharinath Chavan v. Sharda Satish Deshmukh and Ors.

Case brief

What is this about?

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