2011 (1) AIR Bom R 376

Bombay High Court

Hon'ble Judge(s): R. K. Deshpande , J

( A ) Mamlatdar's Courts Act (2 of 1906) S. 5 , 26(b) — Removal of obstruction — In way of applicant — Application for — Opposite party filing civil suit for declaration that applicant has no right of way — Suit was filed after institution of proceedings under S. 5 — Bar of jurisdiction of Mamlatdar’s Court under Section 26(b), operates only when it is pointed out that Civil Suit was filed prior to institution of proceedings under Section 5 of the Act — Consequently Mamlatdar’s Court could proceed with the matter — However orders of Mamlatdars Court would be subject to decision of civil suit. (Paras89)