NARENDRABHAI RAIJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is not in dispute that the present petition is against the orders passed by the Mamlatdar and Dy.Collector under the provisions of Mamlatdar Courts Act. In view of the decisions of the Bombay High Court in the case of Babaji Kondaji Mali v. Bala Fakira Mahar, reported in 1938 BLR (Vol.40) Page 104; in the case of Dalpat Zopdoo Patil v. Mahadu Uka, reported in 1912 BLR (Vol.14) Page 259; and in the case of Purshottam Janardhan Chaphakar v. Mahadu Pandu Turmalkar, reported in 1912 BLR (Vol.14) Page 947, against the impugned orders Civil Revision Application under sec.115 of the Code of Civil Procedure is maintainable. Hence, present petition is not entertained. It will be open for the petitioner to file Civil Revision Application against the impugned orders, which can be considered in accordance with law and on merits. It will always be open for the petitioner to file an application for condonation of delay and to contend that the petitioner was prosecuting the present Special Civil Application before this Court and therefore there is delay in filing the same and the same may be considered considering Sec.14 of the Limitation Act. With this observation and liberty in favour of the petitioner to file revision application, the present Special Civil Application is dismissed. Notice is discharged. No costs. .