LAWS(BOM)-2024-5-134

MANORATI MUKUND GAUDE Vs. GURU SHEDDU GAUDE

Decided On May 02, 2024
Manorati Mukund Gaude Appellant
V/S
Guru Sheddu Gaude Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forth with. Heard finally with consent.

(2.) A very interesting issue cropped up in the present petition wherein the question is whether a Mamlatdar is having powers to grant temporary relief in the form of temporary injunction in a proceedings filed under Sec. 4(1)(2) of the Mamlatdar's Court Act, pending the inquiry for grant of final relief?

(3.) The Petitioners along with the proceeding under Sec. 4, applied for grant of temporary injunction thereby directing the Respondent to remove the obstruction and clear the traditional way during pendency of the main proceedings. Such application for grant of temporary injunction was allowed by the Mamlatdar vide its order dtd. 12/9/2023 thereby directing the Respondent to remove the obstruction on the access, till the main application is disposed of.