SANJAY PANDIT PATIL Vs. LATABAI WALMIK MARATHE

JUDGEMENT

(1.) Both these writ petitions are being decided by this common order since the challenge therein is to the one and the same order passed by the Mamlatrdar, Pachora on 30/4/2020 in a suit, No.183/2019 under Sec. 5 of the Mamlatdar's Courts Act, 1906 (for short the Act). By the impugned order, the Mamlatdar allowed the application dtd. 24/6/2019 filed by the respondent No.1 and directed to remove the obstruction/ impediment created on the suit way.

(2.) Heard learned counsel for the parties. Perused the impugned order and the relevant documents relied on.

(3.) Smt. A.N. Ansari, learned counsel for respondent No.1 in both the petitions would, on the other hand, submit that the impugned order has already been executed. The petitions have, thus, become infructuous. According to the learned counsel, there is a decree of the Civil Court passed in Regular Civil Suit No.11/1995 on 30/6/1995, whereby the owners of the land Gut Nos.116, 117 and 118 have been restrained from obstructing the husband of the respondent No.1 from making use of the suit way. The petitioners herein claim through the owners of these lands. The decree in Regular Civil Suit No.11/1995 is, therefore, binding on the petitioners.