SANJAY DINKAR KULKARNI Vs. SHANKERAPPA GANAPPA PASARKAR

JUDGEMENT

(1.) THIS is a revision application by the defendant and the non-applicant is the plaintiff. The non-applicant has filed a suit under Section 5 (2) of the Mamlatdars' Courts Act claiming therein removal of obstruction alleged to have been put in Survey No. 220 of Mouza Janephal, Tahsil Mehakar, district Buldana, by the applicant. The non-applicant prayed for a temporary injunction against the applicant in that suit and the Court ordered the temporary injunction against the applicant prohibiting him from any attempt to obstruct the non-applicant from using a road. There was a map attached with the order, and the order was that there should not be any obstruction till the final decision of the suit. The complaint of the applicant is that the road was not demarcated in the map. It. however, appears that the applicant did not obey the order of the Court and started digging a pit in the way of the non-applicant. The non-applicant, therefore, again brought to the notice of the Court this breach of injunction on the part of the applicant. The Court after visiting the spot passed an order on 12-11-1970, observing that the applicant had disobeyed the injunction order and hence is liable for action under Section 4 of the Mamlatdars' Courts Act. A revision was then preferred by the applicant against this order under Section 23 (2) of the Mamlatdars' Courts Act before the S. D. O. The S. D. O. summarily dismissed the application stating that the revision did not lie under Section 23 (2) of the said Act. According to the learned S. D. O. Section 23 (2) provides only calling for and examining the record suo motu by the S. D. O. According to him, the applicant cannot file any application invoking that right in the S. D. O. under Section 23 (2) of the Mamlatdars' Courts Act. It is this order of the learned S. D. O. which is challenged here by the applicant. The only point, therefore, that arises here for consideration is to see whether this order is legal and proper.

(2.) SECTION 23 (1) and (2) of the Mamlatdars' Courts Act is as follows:--

(3.) IT is, therefore, clear from the language used in Section 23 that the appeal is barred. It, however, appears from the language used that the Collector is invested with a revisional jurisdiction. Section 23 (2) shows that the Collector may in his revisional jurisdiction call for and examine the record of any suit under the Mamlatdars' Courts Act and if he considers that any proceeding, finding or order is illegal or improper, then after due notice to the parties, he can pass a proper order, as he thinks fit. Therefore, the Collector in his revisional jurisdiction is given more or less powers as are given to the High Court under Section 115 of the Civil Procedure Code. Of Course this does not mean that the High Court is deprived of the powers of superintendence and revision which it exercises over the Mamlatdars' Courts. The Mamlatdars' Courts Act expressly constitutes the Collector taking proceedings under this Act as a court and, therefore, the Collector when exercising judicial functions under the said Act is subject to the superintendence and control of the High Court.