1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.7455 OF 2008 PETITION NO.7455 OF 2008 PETITION NO.7455 OF 2008 1. Shri Rajaram Shivrudra Koshti & anr. Petitioners vs. 1. Shri Mahadev Dhulappa Khawashe & anr. Respondents Mr.N.J.Patil for the petitioners. Ms.A.R.R.Baxi for respondent no.1. Mrs.S.S.Bhende, AGP for respondent no.2. CORAM : ANOOP V. MOHTA,J. DATED : 2nd April, 2009 P.C. The present writ petition is against the remand order dated 05.09.2008 passed by the learned Additional Commissioner, Pune Division, Pune. 2. The original application was not as per the requirement of the Mamlatdars’ Courts Act, 1906 (for short, "the Act"). Therefore, it was never intended and treated as a Suit as contemplated under the said Act. Mere reference to Section 5 or Section 23 of the said Act does not make such application as Suit under the Act. There were two orders passed treating the said application under the Maharashtra Land Revenue Code, 1966 ("the Code"). The submission now to treat the same as Suit under the Act is unacceptable. 2 3. In view of this and the reasonings so given while passing the impugned order needs no interference. It is well within the frame work of law and the record. The writ petition is accordingly dismissed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]