1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2335 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. A.B.Avhad, for the petitioners. Mr Ramesh V Sarde i/b G.Y.Gaikwad, for respondent nos 1 and 2. Mrs S.S.Bhende, AGP, for respondent no. 3.. CORAM : D.B.BHOSALE, J. DATE : 08/09/2009 PC: Heard learned counsel for the parties. These proceedings are arising from an application filed by the petitioners under section 5 of the Mamlatdars’ Courts Act, 1906. That application was allowed by the Tahasildar vide order dated 28.12.2007. By this order, the Tahasildar granted injunction against the respondents from disturbing the petitioners from using the road in dispute. That order was carried in T 2 revision before the Sub Divisional Officer, Baramati Sub Division, Baramati. The Sub Divisional Officer allowed the revision application vide his judgment and order dated 31.12.2008, setting aside the order passed by the Tahasildar dated 18.12.2007. While disposing of the revision, the Sub Divisional Officer in the concluding paragraphs has observed that the due procedure was not followed by the Tahasildar while allowing the application filed by the petitioner. Keeping that in view and considering overall facts and circumstances of the case, I am inclined to dispose of this petition by the following order. Counsel for the parties have also agreed for the following order. The original application filed by the petitioner under section 5 of the Mamlatdars’ Courts Act, being SR/3 of 2005, is restored to file. The Tahasildar shall decide the said application afresh in the light of the observations made in the 3 order dated 31.12.2008 passed by the Sub Divisional Officer as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. It is needless to state that the Tahasildar shall decide the said application on merits in accordance with law and after giving an opportunity of being heard to both the parties. With these observations, the writ petition is disposed of. (D.B.BHOSALE, J.) 4