Writ petition concerning an SDO revision order that reversed a Mamlatdar decision under Section 5 of the Mamlatdar's Courts Act, 1906, allegedly filed after two years without condonation of delay. The court issued notice to respondents, returnable on 3 December 2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
30 Wp-16426-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16426 OF 2024
Siddharudh Kapalayya Swami and Others. Versus
Shardabai Bhimasahankar Birajdar and Others.
...Petitioners.
...Respondents.
Mr. Hrishikesh S. Shinde for the Petitioner. Ms. Snehal Jadhav, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh, J. Date : November 12, 2024.
P. C. :
1. Heard.
2. Against the order passed by Mamaltdar allowing the application under Section 5 of the Mamalatdar’s Courts Act, 1906, the Respondent Nos.1 to 3 after the period of 2 years approached the SDO by filing a revision which has been allowed by the impugned order reversing the findings of Mamaltdar.
3. Learned counsel appearing for the Petitioner submits that after a period of two years without any application for condonation of delay, the revision came to be filed and that too after the suit filed by the Respondent Nos.1 to 3 came to be withdrawn having suffered rejection of application for interim relief. He submits that on the basis of order
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Patil-SR
30 Wp-16426-2024.doc
of SDO, the Respondent Nos.1 to 3 on their own have closed the road thereby the Petitioners are unable to approach their agricultural lands having standing crops.
4. Issue notice to the Respondents (except Respondent No.6) returnable on 3rd December, 2024 . In addition to Court notice, advocate for the Petitioner to serve the Respondents by private notice by all possible modes of service and file affidavit of service before the next date.
5. Learned AGP waives notice for the Respondent No. 4 and 5.
[Sharmila U. Deshmukh, J.]
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Patil-SR
Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 13/11/2024 11:54:33
1 provisions across 1 enactments
Siddharudh Kapalayya Swami and Others
Shardabai Bhimasahankar Birajdar and Others
Sharmila U. Deshmukh
As recorded by the court registry
8 orders share this CNR
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