1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicants herein - original respondents to quash and set aside the impugned order dated 24/11/2004 passed by learned Mamlatdar, Dhanera in Mamlatdar Court Case No.2 of 2004 u/s. 5(2) of the Mamlatdar Courts Act and confirmed by the learned Revisional Authority - Assistant Collector, Deesa by impugned judgement and order dated 01/07/2005 passed in Mamlatdar Court Act/Revision No.2 of 2004.
2. Heard Mr.S.L.Vaishya, learned advocate appearing on behalf of the applicants herein and considered the impugned orders and affidavit-in-reply filed on behalf of the respondents. It is required to be noted that as such the order passed by the Mamlatdar, Dhanera and confirmed by the Assistant Collector, Deesa are already have been implemented as far as back on 18/10/2005 by drawing the panchnama and obstruction is already removed and the said possession is continued since more than 7 years. It cannot be disputed that Mamlatdar Courts Act is for interim arrangement and they are subject to civil proceedings initiated if any and if any civil proceedings are initiated, the same be considered in accordance with law and on merits and on the basis of the evidence lead.
3. In view of the above, the present Civil Revision Application is dismissed. It will be open for the applicants to initiate appropriate civil proceedings with respect to the right of way and as and when such civil proceedings are initiated, the same are required to be considered in accordance with law and on merits, if the same are now maintainable. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti