Vaijayanata Ramchandra ... vs Pralhad Anna Kadam(Deceased) ...
2021 Latest Caselaw 2064 Bom

                                                                      14-sast-94293-2020 with ia-63-2021




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                               SECOND APPEAL (ST) NO.94293 OF 2020
                                                              WITH
                                                INTERIM APPLICATION NO.63 OF 2021
                                                              WITH
                                               SECOND APPEAL (ST) NO.95132 OF 2020
                                                              WITH
                                                INTERIM APPLICATION NO.48 OF 2021

                            Vaijayanta Ramchandra Kadam
                            (Deceased) & Ors.                                              ..Appellants
                                  V/s.
                            Shankar Ramchandra Kadam
                            (Deceased) & Ors.                                              ..Respondents
                                                         ----
                            Mr.Bhooshan Walimbe a/w Mr.Priyal G. Sarda for the Appellants.

                            Mr.R.V. Bansode for Respondent Nos.1 to 7.
         Digitally signed
         by Nilam
Nilam    Kamble
                            Mr.Kiran Nikam for Respondent Nos.1 to 8 in Second Appeal Stamp
Kamble   Date:
         2021.02.02         No.95132 of 2020.
         11:24:04 +0530
                                                          ----
                                                                 CORAM : C.V. BHADANG, J.

                                                                 DATE     : 01st FEBRUARY 2021

                            P.C.


                            1.                 Heard for some time.

2. The limited challenge in this Second Appeal, turns upon

the issue whether land Gat No.354 which was a tenanted land, was

N.S. Kamble page 1 of 3 14-sast-94293-2020 with ia-63-2021

leased out to late Ramu in his personal capacity or whether the joint

family was the tenant.

3. During the course of the argument it was contended on

behalf of the appellants and there were proceedings under Section

32(G) of the Bombay Tenancy and Agricultural Lands Act, 1948

taken out after which a certificate under Section 32(M) of the said

Act has been issued, individually in the name of late Ramu. For this

purpose the learned counsel has referred to the observations in

paragraph 52 of the judgment of the First Appellate Court, where

there is a reference to such certificate under Section 32(M) of the

said Act.

4. This aspect is specifically controverted by the learned

counsel for the respondents. It is submitted that there were no

proceedings taken out under Section 32(G) and therefore there is no

question of a certificate under Section 32(M) of the said Act, being

issued, as contended on behalf of the appellants.

5. In order to ascertain the said aspect, it would be

necessary to send for record and proceedings of the trial Court. In

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such circumstances, stand over to 22nd February 2021. The office

shall send for the record and proceedings of the trial Court.

Humdust allowed.

6. The statement made on behalf of the respondents that

they will not proceed with the execution, shall continue to operate

till next date.

C.V. BHADANG, J.

     N.S. Kamble                                                              page 3 of 3