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Bombay High Court

DATTARAO TUKARAM WANKHEDEversusNARAYAN KISHANRAO GHUTE AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that the appropriate remedy is to contest the civil suit and the writ petition is therefore disposed.

Summary

The dispute involves two adjacent landowners where Respondent No.1 initiated proceedings under Section 5(3) of the Mamlatdar Courts Act, 1906 before the Tahsildar, which were rejected for delay. A revision under Section 23 of the same Act was filed before the Sub‑Divisional Officer, who allowed the revision and remanded the matter to the Tahsildar, condoning the delay. The petitioner had already instituted a civil suit seeking a perpetual injunction against the respondent in a competent civil court. The High Court held that the appropriate remedy for Respondent No.1 is to contest the civil suit on its merits, as the civil court’s findings will prevail over any parallel Mamlatdar proceedings. Consequently, Respondent No.1 agreed not to pursue further Mamlatdar proceedings and the writ petition was disposed, with the parties’ contentions kept open for any future counter‑claim and limitation issues in the civil suit.

Issues considered

  • Whether the writ petition under the Mamlatdar Courts Act can proceed when a parallel civil suit for perpetual injunction is pending.
  • Whether the findings of the civil court will prevail over the Mamlatdar Court proceedings.
  • Whether the respondent can continue Mamlatdar proceedings after filing a civil suit.

Legislation cited

Subjects

  • civil suit
  • perpetual injunction
  • Mamlatdar Courts Act
  • limitation
  • jurisdiction
  • writ petition
  • revision
  • remand

Judgment

2026:BHC-AUG:9285

                                                (1)                       19 WP 7240 OF 2024


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              19 WRIT PETITION NO. 7240 OF 2024

                                  DATTARAO TUKARAM WANKHEDE
                                               VERSUS
                            NARAYAN KISHANRAO GHUTE AND OTHERS
                                                   ...
           Mr. S. S. Chillarge, Advocate for the Petitioner
           Mr. S. D. Ghayal, Add.GP for Respondent Nos.2 and 3
           Mr. S. S. Londhe, Advocate for Respondent No.1
                                                   …

                                            CORAM     : AJIT B. KADETHANKAR, J.
                                            DATE      : 04.03.2026

           PER COURT :-

           .           Heard Mr. Chillarge, learned counsel for the petitioner and Mr. S.

           S. Londhe, learned counsel for respondent No.1.

           2.          This dispute arises between two adjacent landowners. Respondent

           No. 1 filed proceedings under Section 5(3) of the Mamlatdar Courts Act, 1906

           before the Tahsildar, Himayatnagar. The Tahsildar rejected the proceedings on

           the ground of delay in filing the same. Thereafter, the respondent had filed a

           revision under Section 23 of the Mamlatdar Courts Act, 1906 before the

           Hon’ble Sub-Divisional Officer (SDO), Sub-Divisional Office, Hadgaon, District

           Nanded. The SDO allowed the revision and remanded back the matter to the

           Tahsildar for consideration on merit, condoning the delay. In response, the

           respondent, by way of a reply affidavit, brought to the court’s notice that the
                                          (2)                     19 WP 7240 OF 2024


petitioner has already filed a civil suit seeking a perpetual injunction against

the respondent in the competent Civil Court.

3.           In view of the above, the remedy for Respondent No.1 would be

to contest the suit on its merits and to assert his civil rights in the Civil Court

only. It is trite law that the findings of the Civil Court would prevail over other

litigation between the parties, including any dispute under the Mamlatdar

Court's Act. Accordingly, Mr. S. S. Londhe, learned counsel for Respondent

No.1, on instructions, has stated that Respondent No.1 will not pursue further

proceedings under the Mamlatdar Court's Act and will instead prosecute his

rights in the pending Civil Suit.

4.           In view of this, the writ petition stands disposed of.

5.           All the contentions of the parties are kept open.

6.           The learned counsel for Respondent No.1 would submit that

Respondent No. 1 proposes to file a counterclaim in the suit, and the issue of

limitation may arise therefrom. In that view, the learned Civil Court may

consider the question of limitation in filing the counterclaim, keeping in mind

the proceedings pending between the parties under the Mamlatdar Courts Act

as also pendency of this writ petition.



                                                    [AJIT B. KADETHANKAR, J.]
PRW


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