KARIMBHAI JUSABBHAI JARGELA Vs. DEPUTY COLLECTOR LIMBADI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs:-

(2.) The grievance of the petitioner is that in respect of the suit preferred under the Mamlatdar Court Act which was numbered as Mamlatdar Court Act Case No. 2 of 2018 before the Mamlatdar, Chuda was preferred by Akbar Karimbhai Vora against the Mahebubbhai Miyajibhai Pirabhai Vora and others in respect of their right of way. The aforesaid suit was preferred by the parties to that proceedings by colluding with each-other with a view to affect the rights of the present petitioner.

(3.) Though the petitioner preferred an application for being impleaded as a party in the aforesaid proceedings vide order dtd. 1/3/2018, the petitioner's application for being impleaded as party was rejected. At no point of time, the petitioner challenged the order dtd. 1/3/2018 passed by the Mamlatdar, Chuda. Ultimately, the Mamlatdar, Chuda vide order dtd. 22/3/2018 rejected the application under sec. 5 of the Mamlatdars Court Act preferred by the Akbarbhai Karimbhai Vora who is respondent no. 3 herein. The respondent no. 3 challenged the aforesaid order dtd. 22/3/2018 by way of revision application under sec. 23 of the Mamlatdar's Court Act which was numbered as Mamlatdars Court Act Case No.1 of 2018 before the Court of Deputy Collector, Limbadi. In the aforesaid proceedings, the petitioner never made any application for being impleaded as a party nor he challenged the order dtd. 1/3/2018 passed by the Mamlatdar, Chuda. However, vide order dtd. 17/9/2018 the revision application preferred by the respondent no.3 was partly allowed by the Deputy Collector, Limbadi for quashing and setting aside the order dtd. 22/3/2018 passed by the Mamlatdar, Chuda. The Deputy Collector, Limbadi remanded back the matter to the Mamlatdar, Chuda. Though in the operative portion of the order, the Deputy Collector, Limbadi only partly allowed the revision application preferred by the respondent no. 3 and remanded back the matter, after the order, at the bottom of the order under the head "copies to at Sr. No. 1, it was written that copy to Mamlatdar, Chuda for execution of the order and for removal of impediment created by third party and for submissions of report in respect of that within a period of 7 days."