WP 6229 of 10 1 SSK/18 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6229 OF 2010 Dashrath Baburao Pawar & Ors. ....Petitioners Versus Vinayak Somnath Sonawane & Ors. ...Respondents Mr. P. B. Shah, Advocate for the Petitioners. Mr. P. N. Joshi, Advocate for the Respondents. CORAM : R. V. MORE, J. DATED : 9th AUGUST, 2010. P.C.: Heard Mr. Shah and Mr. Joshi, learned Counsel for the Petitioners and Respondents respectively. 2. By this petition, the Petitioner challenges the order passed by the Sub-Divisional Officer, Nashik Division, Nashik under section 23(2) of the Mamlatdar’s Courts Act, 1906 whereby, the Respondent Nos. 1 & 2’s revision is allowed. Consequently, the order of the Mamlatdar granting injunction in favour of the Petitioners under section 5 of the said Act is quashed and set-aside. WP 6229 of 10 2 SSK/18 3. The dispute is about access to Road passing through Gat No. 355/1 situated at Village Rasegaon, Tal.Dindori, District Nashik. The Petitioners contends that this road is in existence for more than 50 years. This contentions is specifically disputed by Respondent Nos.1 & 2. The Sub-Divisional Officer recorded finding that the said road is not a public road and same is used for private purpose of Respondent Nos.1 & 2. There are various disputed questions of facts which cannot be gone into in writ petition. The Petitioners, on the contrary, have a remedy of filing a suit in the Civil Court of competent jurisdiction. In the circumstances, I pass the following order: 1. The writ petition is disposed of. 2. The Petitioners are at liberty to file suit in the Civil Court of competent jurisdiction to get their rights adjudicated. 3. In order to enable the Petitioners to file the suit, the parties are directed to maintain status-quo as of today for a period of six weeks from today. (R. V. MORE, J.)