Petitioners challenged Mamlatdar-related orders while a civil suit over the same dispute was already pending. Relying on Section 22 of the Mamlatdars' Courts Act, 1906, the court declined to entertain the petition and granted liberty to agitate the matter before the civil court.
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2024:BHC-NAG:6474
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.942/2024
Shri Suresh Shamrao Thote and others ...Versus…
Sub Divisional Officer, Umred, Tah. Umred, Dist. Nagpur and others
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Court's or Judge's orders
Mr. N.V. Lohe, Advocate for petitioners Mr. A.V. Palshikar, AGP for respondent nos.1 and 2
CORAM : N.R. BORKAR, J. DATE : 24/06/2024
“ 22. Possession to be given without prejudice
to rights of parties .- Subject to the provisions of Section 23, sub-section (2), the party in favour of whom the Mamlatdar issues an order for removal of an impediment or the party to whom, the Mamlatdar gives possession or restores a use, or in whose favour an injunction is granted, shall continue to have the surface water upon his land flow unimpeded on to adjacent land or continue in possession or use, as the case may be, until otherwise decreed or ordered, or until ousted, by a competent Civil Court] :
2
Provided, firstly, that nothing in this section shall prevent the party against whom the Mamlatdar’s decision is passed from recovering by a suit in a competent Civil Court mesne profits for the time he has been kept out of possession of any property or out of enjoyment of any use :
Provided, secondly, that in any subsequent suit or other proceeding in any Civil Court between the same parties, or other persons claiming under them, the Mamlatdar’s decision respecting the possession of any property or the enjoyment of any use or respecting the title to or valuation of any crop dealt with under the proviso to sub-section (1) of Section 21, shall not be held to be conclusive.”
(N.R. BORKAR, J.)
Wadkar
1 issue framed by the court
Whether the writ petition against Mamlatdar orders should be entertained when a civil suit between the parties is already pending?
1 provisions across 1 enactments
Shri Suresh Shamrao Thote and others
Sub Divisional Officer, Umred, Tah. Umred, Dist. Nagpur
others
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
