✦ Bombay High Court · 08 Aug 2025

Prabhakar Marotrao Rasve & Ors. v. The Sub Divisional Officer, Pathri & Ors.

Writ Petition No. 7288 of 2023S G CHAPALGAONKAR

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 :-

1.

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.

2.

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

3.

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.

4.

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.

Why is this linked?

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