AIR 2018 (NOC) 297 (BOM) ::2017 AIR CC 3339 (BOM) ::2017 (6) ABR 56 ::(2017) 3 AllMR 380 (BOM) ::(2017) 3 Bom CR 472 ::(2017) 3 Mah LJ 135

Bombay High Court

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

Mamlatdars Courts Act (2 of 1906) , S.5, S.23— Dispute regarding property - Order passed by Mamlatdar under S. 5 - Suit challenging - Jurisdiction of Civil Court to entertain - Not barred. Civil P.C. (5 of 1908) , S.9— Proviso below sub-section (1) of S. 5 of Act (1906) empowers Mamlatdar to refuse to exercise power under said provision if it appears to him that such case can be more suitably dealt with by Civil Court. Though there is revision provided under S. 23 of said Act to challenge order passed by Mamlatdar under S. 5, Act nowhere attaches finality either to order passed under S. 5 by Mamlatdar on merits or to order passed in revision under S. 23 of said Act. In absence of such finality being attached to order passed under Act, jurisdiction of Civil Court cannot be held to be impliedly barred merely because Act provides separate machinery for getting grievance redressed.(Para 7) In a given case, Civil Court may refuse to grant relief on ground that remedy of revision under S. 23 of said Act is not exhausted, but that is not mandate which Civil Court is required to observe. In the instant case lower Appellate Court has, in terms, recorded finding that when order passed by Mamlatdar is without following procedure, @BHCR-VOLVI-Page-57 it cannot come in way of Civil Court to decid....