Prashant Digambar Kulkarni v. the State of Maharashtra Throu. Sub Divisional Officer and Ors.
Case brief
What is this about?
Writ petition withdrawn with liberty to file civil suit; order of Mamlatdar under Section 5, Mamlatdar’s Court Act, 1906 (Maharashtra); injunctive reliefs sought in contemplated civil suit; Civil Judge requested to expedite temporary injunction application; High Court expressly did not enter into merits; High Court of Judicature at Bombay, Civil Appellate Jurisdiction; single judge N. J. Jamadar; petitioner Prashant Digambar Kulkarni; State of Maharashtra; no cases cited; no monetary amounts.
What did the court decide?
Petition permitted to be withdrawn with liberty to institute a suit before the Civil Court to assail the legality and validity of the Mamlatdar’s order under Section 5 of the Mamlatdar’s Court Act, 1906 and seek injunctive reliefs therein; the learned Civil Judge requested to hear and decide any accompanying temporary-injunction application expeditiously.