1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants-original plaintiffs to quash and set aside the impugned order passed by the revisional authority-Deputy Collector, Palanpur dated 29/04/2010 in Mamlatdar Court Act Revision Application No. 3/2009 by which the learned revisional authority has allowed the said Revision Application preferred by the respondents-original defendants by quashing and setting aside the order passed by the Mamlatdar, Palanpur dated 28/02/2009 in Mamalatdar Courts Case No. 3/2008.
2. Having heard the learned advocates appearing on behalf of the respective parties and considering the impugned orders, which are arising out of the provisions of the Mamlatdar Courts Act and as the dispute is with respect to the right of way from block No. 68 and 69, as observed by the learned Single Judge of this Court in the case of Kiritsinh Dharamvirsinh Vs. Kalubhai Shardulbhai & Ors. reported in 2006 (3) GLR 2031 proceeding under the Mamlatdar Courts Act, more particularly, under Section 115 of the Code of Civil Procedure, remedy of the aggrieved party is to file a civil suit. It is observed and held by this Court in the aforesaid decision that in exercise of limited jurisdiction under Section 115 of the Code of Civil Procedure, this Court is not required to interfere with the order passed by the Deputy Collector and it cannot be said that the Deputy Collector has committed any error of jurisdiction. It is further observed by the learned Single Judge in the said decision that the parties can always resort to civil proceedings for getting their rights declared by filing appropriate civil suit.
3. Under the circumstances and considering the aforesaid decision of the learned Single Judge, it will always be open for the applicants-original plaintiffs to file a substantive suit for claiming the right of way as claimed from the agricultural lands of the respondents-original defendants. As agreed by Shri Majmudar, learned advocate appearing on behalf of the contesting respondents-original defendants, as and when any proceedings are initiated, the learned Civil Court to consider the same in accordance with law and on its own merits on the basis of the evidence led, without, in any way, being influenced by any of the observations made by the Mamalatdar and/or Deputy Collector, Palanpur.
3. In view of the above, the present Civil Revision Application is disposed of by relegating the applicants-original plaintiffs to initiate appropriate proceedings before the Civil Court for establishing their rights and/or claiming the right of way from the agricultural lands of the concerned respondents and it is observed that as and when such proceedings are initiated the same be considered by the learned Civil Court in accordance with law and on its own merits, without, in any way, being influenced by any of the observations made by the Mamlatdar and/or Deputy Collector, Palanpur. It will also be open for the applicants-original plaintiffs to submit an appropriate application for interim injunction, which shall also be considered by the concerned Court in accordance with law and on its own merits after giving an opportunity to all the concerned without, in any way, being influenced by the order passed by the Mamlatdar and/or Deputy Collector under the provisions of the Mamlatdar Courts Act.
4. With this, the present Civil Revision Application is disposed of.
(M.R. SHAH, J.) siji