DAMODAR DNYANDEORAO SARAP Vs. HARIBHAU GOVINDRAO PAKDANE

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith by consent of the parties.

(2.) What is challenged in the present civil application is an order passed by the Civil Judge (Junior Division), Balapur, District Akola on 03/01/2017 in R.C.S. No. 61/2016, thereby rejecting the application filed by the petitioner, original defendant no.1, under Order 7 Rule 11 of CPC (Exh.10).

(3.) Shri Gandhi, learned counsel for the applicant submits that considering the pleadings in the plaint and the reliefs sought, it is manifestly clear that the suit in the present case is barred by the provisions of Section 53(2A) of the Maharashtra Village Panchayat Act (for short, "Village Panchayat Act"), which provides for an alternate efficacious remedy in a case where it is alleged that the defendant has made an encroachment upon a public property or open space or has made illegal and unauthorized construction on his property thereby causing inconvenience to the neighbor. He has placed his reliance upon the view taken by the learned Single Judge of this court in the case of Village Panchayat, Antora through its member v. Wasudeo Ramchandraji Mohod and another, 2014(5) Bom.C.R. 601.