FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.1498 OF 2007 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.Suresh M.Sabrad for the petitioner. Mr.Sachin Gite i/b Mr.M.S.Karnik for respondent no.1. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 12TH FEBRUARY, 2008 DATED: 12TH FEBRUARY, 2008 DATED: 12TH FEBRUARY, 2008 P.C.: . Heard learned counsel for the parties. 2. By this writ petition, the petitioner has impugned an order dated 2nd November, 2006 passed by the Sub-Divisional Officer, Niphad-Division, Niphad by which a revision filed by respondent no.1 has been allowed. The revision was directed against the order of Tahsildar dated 31.1.2006 by which the Tahsildar had rejected the application filed by respondent no.1 under section 5 of Mamlatdar Courts Act, 1906 observing that it is open for respondent no.1 to approach the civil court for appropriate relief. This court while issuing notice on 2.4.2007 had granted order of status quo which admittedly is in operation till this date. Keeping that in view and considering the nature of dispute, as rightly observed by the Tahsildar in the order dated 31.1.2006 the respondent ought to have approached the civil court for adjudication of his right to have an access to the well. Having considered the overall facts and circumstances of the case the learned counsel for the parties have agreed for the following order and have stated that I need not record reasons for the same. Hence I pass the following order: . The order of status quo granted by this court dated 2nd April, 2007 shall remain operative for a period of ten weeks from today to enable respondent no.1 to approach the civil court and obtain appropriate orders in the civil suit. The civil court shall deal with the suit and the application for interim order, if any, on merits in accordance with law and uninfluenced by the observations made in the proceedings arising from the application filed by respondent no.1 under section 5 of the Mamlatdar Courts Act. All contentions of the parties are kept open. In view of this order, the impugned order renders ineffective. With these observations the writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)