SSK/903 1 WP/5892.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5892 OF 2011 Shri Popat Laxman Deore & Anr. ....Petitioners Versus Shri Karbhari Kalu Deore & Anr. ...Respondents Mrs. Archana Pise i/b. Mr. Satyajeet M. Mirajkar, Advocate for the petitioners. Mr. Tushar Sonawane, Advocate for the respondents. CORAM : RANJIT MORE, J. DATED : 17th August, 2011. P.C.: Heard learned counsel appearing for the respective parties. 2. The writ petition arises out of proceedings under Section 5 of the Mamlatdar’s Courts Act, 1906. Respondent Nos. 1 & 2 preferred an application under Section 5 of the Mamlatdar’s Courts Act, 1906 before the Tahasildar restraining the petitioners obstructing them from having access to Gut Nos. 230 and 231. By Order dated 24th June, 2011, the Tahsildar granted the respondents’ application. The petitioners thereafter preferred a revision under Section 23 of the Mamlatdar’s Court Act, 1906 before the Sub-Divisional Officer, Sub-Division – Kalvan, Kalvan. The petitioners also SSK/903 2 WP/5892.11 by separate application prayed for stay to the injunction order passed by the Tahsildar. Initially, the stay was granted on 14th July, 2011. However, subsequently by the impugned order, stay was cancelled by the Sub- Divisional Officer by his order dated 20th June, 2011. This Court issued notice to the respondents and made the same returnable on 17th August, 2011 and meanwhile, the Tahsildar’s order dated 24th June, 2011 was stayed. 3. Mr. Sonawane, learned counsel for the respondents, submits that he has no objection if the stay granted by this Court is made operative during the pendency of the revision before the Sub-Divisional Officer. He, however, submits that the revisional authority be directed to dispose of the respondents revision as expeditiously as possible. 4. In view of the statement of Mr.Sonawane, learned counsel for the respondents coupled with the fact that the stay granted by this Court should not remain operative for indefinite period. I am of the opinion that the interest of justice will be subserved by passing the following order: 1. The Sub-Divisional Officer, Kalvan Sub-Division, Kalwan is directed to hear and dispose of the petitioners’ revision viz. RTS,Revision/8/11 filed against SSK/903 3 WP/5892.11 respondents as expeditiously as possible, and in any case, within a period of four weeks from the date of receipt of this order. 2. The parties to the petition are directed to appear before the Sub-Divisional Officer, Kalvan Sub-Division, Kalvan on 29th August, 2011 at 11.00 a.m.. 3. During the pendency and final disposal of the aforesaid revision, the order passed by the Tahsildar on 24th June, 2011 in Vahivat Case No.2 of 2011 shall remain stayed. In the light of the above order, the writ petition is disposed of. (RANJIT MORE, J.)