BABUBHAI RAMJIBHAI KEDVA Vs. NAGARBHAI BHIKHABHAI KEDVA

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the appellants herein - original respondent Nos.3 to 7 have challenged an oral judgment dtd. 15/2/2023 passed by the learned Single Judge in Special Civil Application No.10864 of 2022 by which the learned Single Judge has quashed and set aside the order passed by the Deputy Collector and matter is remanded to the Mamlatdar Court to undertake fresh proceedings keeping in mind the provisions more particularly Sec. 19 of the Mamlatdars' Courts Act , 1906 (hereinafter referred to as "Act, 1906").

(2.) Learned advocate Mr. S.P. Majmudar appearing for the appellants has taken us through the observations made by the learned Single Judge in paragraph 10 of the impugned oral judgment and would submit that though the learned Single Judge has factually held in favor of the present appellants, the order passed by the Deputy Collector on merits is quashed and set aside. He, therefore, would submit that the Letters Patent Appeal be allowed and the oral judgment passed by the learned Single Judge be quashed and set aside.

(3.) We have heard learned advocate Mr. S.P. Majmudar appearing for the appellants. It appears from the record that the parties are fighting with regard to land in question under the provisions of the Act, 1906. The order dtd. 21/2/2022 passed by the Mamlatdar in Mamlatdar Courts' Act Case No.1/2022 filed by the appellants herein was challenged by the present appellants before the Deputy Collector by way of filing Revision Application No.6/2022 seeking right of way. It appears that the said revision application was accepted in favor of the present appellants vide order dtd. 25/5/2022 however, the private respondents challenged the said order before the learned Single Judge on the ground that the