1. Present Civil Revision Application under section 115 of the Code of Civil Procedure has been preferred by the petitioners herein - original respondents to quash and set aside the impugned order dtd.31/8/2004 passed by the learned Mamlatdar, Prantij in Mamlatdar Court Case No.4 of 2002, confirmed by the Dy.Collector, Sabarkantha at Himmatnagar by order passed in Revision Application NO.9 of 2004.
2. At the outset, it is required to be noted that the present Civil Revision Application arises out of the proceedings under the Mamlatdar Courts Act, more particularly Section 5 of the Mamlatdar Courts Act. As held by the learned Single Judge of this Court in the Case of Kiritsinh Dharamvirsinh Vs. Kalubhai Shardulbhai & Others, reported in 2006 (3) GLR 2031, proceeding under section 5 of the Mamlatdar Courts Act is Summary Proceedings and remedy of the aggrieved party has to file a suit. Under the circumstances, without further entering into the merits of the case and/or expressing any opinion on merits in favour of either of the parties, present Civil Revision Application is not entertained and/or dismissed with observation that if the petitioners are still aggrieved and there is a dispute with respect to the right of the way claimed by the original petitioner, it will be open for the petitioners and/or aggrieved party to file a substantive Civil Suit which can be considered in accordance with law and on merits. With this, present Civil Revision Application is disposed of. Rule is discharged. Ad-Interim Relief granted earlies stands vacated forthwith. In the facts and circumstances of the case, there shall be no order as to costs.
[M.R.
SHAH, J.] rafik Top