Prabhakar Marotrao Rasve & Ors. v. The Sub Divisional Officer, Pathri & Ors.
Case at a glance
Outcome
Disposed of
petition stands disposed off, with liberty in favour of
Provisions considered
Key paragraphs
- Para 11. The petitioners impugns the order dated 6.6.2023 passed by the Sub-Divisional Officer, Pathri, District Parbhani in exercise of revisional jurisdiction under section 23 of the Mamlatdars Courts Act, 1906, thereby application filed by respondent no.3 under section 5 of the Mamlatdars Courts Act is…
Judgment
Cause title
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 920
WRIT PETITION NO. 7288 OF 2023
Prabhakar Marotrao Rasve And Others
VERSUS
The Sub Divisional Officer, Pathri And Others ... Advocate for Petitioners :
Mr. A.D. Gade AGP for Respondents:
Mr. D.R. Korade Advocate for Respondents : Mr. M.C. Ghode ...
CORAM : S. G. CHAPALGAONKAR, J. Dated : August 08, 2025
ORDER :-
The petitioners impugns the order dated 6.6.2023 passed by the Sub-Divisional Officer, Pathri, District Parbhani in exercise of revisional jurisdiction under section 23 of the Mamlatdars Courts Act, 1906, thereby application filed by respondent no.3 under section 5 of the Mamlatdars Courts Act is allowed.
This Court in writ petition no.5074 of 2022 dated
4.8.2025 in case of Vimal Bhausaheb Nabde Vs. The Sub Divisional Officer and others took a view that, in case of order passed under Mamlatdars Courts Act, remedy of filing civil suit is available in order to challenge such order and filing of the suit is more meaningful and effective remedy. 2 wp 7288.23.odt
Operative part
In view of aforesaid observations of this Court, writ petition stands disposed off, with liberty in favour of petitioners to seek declaration against the impugned order by filing substantive civil suit.
The interim arrangement made under order of this Court dated 7.7.2023 shall continue to operate for a period of four weeks from today. In case, civil suit is filed, petitioners shall be at liberty to apply for interim relief. In case, such application is filed, Civil Court shall consider the same on it’s own merits and pass appropriate order after hearing the parties. ( S. G. CHAPALGAONKAR ) Judge … aaa-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed off, with liberty in favour of
Which statutory provisions did this judgment involve?
Mamlatdars Courts Act, 1906 — s. 23; Mamlatdars Courts Act — s. 5.
Which court decided this case, and when?
Bombay High Court, on 08 Aug 2025. The bench was S G CHAPALGAONKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.