Sagar Balu Gangurde and Anr. v. Bhika Mahadu Wagh and Ors.
Case brief
What is this about?
Bombay High Court, Civil Appellate Jurisdiction, Writ Petition No. 14018 of 2025; Sagar Balu Gangurde and Anr v. Bhika Mahadu Wagh and Ors; oral order dated 10 November 2025 by Justice N. J. Jamadar; advocate L. R. Odhekar for petitioners; writ petition disposed with liberty to institute civil suit against Mamlatdar's order affirmed in revision by Sub-Divisional Officer; Civil Court to decide on own merits; contention that Mamlatdar's Court could not deal with easementary right of way kept open; no statute or precedent cited.
What did the court decide?
Liberty to the petitioners to institute a civil suit to assail the legality and validity of the order passed by the Mamlatdar and affirmed by the Sub-Divisional Officer in revision; the Civil Court to decide such suit on its own merits and in accordance with law; all contentions, including on the easementary right of way, kept open for adjudication by the Civil Court.