[Civil Appeal No.4995 of 2014 arising out of SLP (C) No.36661 of 2013]. This appeal is directed against the judgement dated 18th November, 2013 passed by the High Court of Bombay at Goa in Writ Petition No.622 of 2013. By the impugned judgment, the High Court quashed the order dated 28th March, 2013 passed by the Mamlatdar, Bardez and order dated 20th September, 2013 passed by the Additional Collector-II, North Goad and remitted the matter to Mamlatdar, Bardez to decide whether he has jurisdiction/powers to re-open the proceedings in question and to pass appropriate orders. The factual matrix of the case is as follows: The respondent alleged the blocking of her traditional easementary access by the appellant by constructing compound walls. Initially, an application under Section 4 of the Mamlatdar's Court Act (hereinafter referred to as the "Act") was filed by the respondent before the Mamlatdar with regard to the said obstruction. The application came to be dismissed for default by order dated 7th January, 2008 and subsequently, the same was restored. The appellant filed a Revision Application before the Collector against the order of restoration. In the said Revision Application an ex parte order was passed by the Additional Collector-I, Panaji on 11th July, 2008 directing the Mamlatdar, Bardez to open the gate and remove the obstacles like the compound walls between Survey Nos.163/1 and 163/2 and Survey Nos.164/1 and 163/10, 163/1,163/2 and 163/4, to make openings enough for free movement of an ambulance to enable the respondent to take her father-in-law for medical treatment.
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