ABASAHEB BHIMRAJ POTE AND OTHERS v. THE SUB DIVISIONAL OFFICER AND OTHERS
WP/7465/2024 · 2025-08-14
Shri Rohit W Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19231 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19231 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 965wp7465.24 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 965 WRIT PETITION NO. 7465 OF 2024 ABASAHEB BHIMRAJ POTE AND OTHERS VERSUS THE SUB DIVISIONAL OFFICER AND OTHERS ... Advocate for the Petitioners : Mr. Vivek V. Tarde AGP for Respondent Nos. 1 & 2/State : Mr. R.D.Raut Advocate for Respondent No.3 : Mr.Nagode Datta Govindrao ...
CORAM : ROHIT W. JOSHI, J.
DATE : 14.08.2025.
PER COURT :
1. In view of judgment dated 04.08.2025, passed in Writ Petition No.5074 of 2022 (Vimal w/o Bhausaheb Nebde Vs. Sub Divisional Officer & Ors.) and other connected matters, present Writ Petition stands disposed of with liberty to the petitioners to avail alternate remedy of filing Civil Suit.
2. The petitioners may challenge the impugned orders in the said Civil Suit and/or seek adjudication of the controversy forming subject matter of the dispute on merits. It is also made clear that even
order of temporary injunction passed by Civil Court prevails over orders passed by authorities under the provisions of the Mamlatdars’ Courts
2 965wp7465.24 Act, 1906 and as such it will be open for the petitioners to file an application for temporary injunction as well.
3. Interim order dated 07.08.2025 is continued up to
15.10.2025. Needless to mention that the Court will decide the application for grant of temporary injunction, as also prayer for ad- interim order, on its own merits.
4. Period spent in prosecution of the present Writ Petition shall be excluded for computation of limitation in view of Section 14 of the Limitation Act, 1963.
( ROHIT W. JOSHI )
JUDGE mahajansb/