Bombay High Court
Tanaji Kalyan Naikwadi And Others vs Ramling Namdeo Kokare Since ... on 28 October, 2021
Bench: Mangesh S. Patil
926-wp9835-21.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 WRIT PETITION NO.9835 OF 2021
TANAJI KALYAN NAIKWADI AND OTHERS
VERSUS
RAMLING NAMDEO KOKARE SINCE DECEASED THROUGH
HIS LRS JANABAI RAMLING KOKARE AND OTHERS
...
Advocate for Petitioners : Salunke V.D.
Caveat filed by Adv. Gansh J. Kore for R/1 A to 1E,2,4 to 11
...
CORAM: MANGESH S PATIL,J.
DATE : 28.10.2021
P.C.:
Heard both the sides.
2] It transpires during the course of arguments that the
matter involves a dispute as to the period of limitation for
seeking a relief under Section 98 of the Hyderabad Tenancy
and Agricultural Lands Act, 1950.
3] It is pointed out at the bar that this Court in Writ
Petition No.9745/2011 by order dated 21/6/2018 referred to
the divergent views of this Court touching the very same
aspect of limitation in seeking relief under Section 98 of the
Hyderabad Tenancy and Agricultural Lands Act 1950. It had
allowed the Writ Petition. The matter was carried to the
Supreme Court in Civil Appeal Nos.12072-12073/2018 arising
out of S.L.P.(Civil) Nos.33093-33094/2018. The Appeal was
926-wp9835-21.odt
allowed by the Supreme Court with following observations :
"Delay Condoned.
Leave granted.
Having heard learned counsel for the
parties and on perusal of the record of the
case, we are inclined to set aside the
impugned judgment and request the High
Court to refer the case to a larger Bench to
decide the conflict of views expressed in the
decisions mentioned in para 9 of the
impugned order.
Indeed, in a situation like the one
arising in this case, as rightly taken note of
by the High Court in para 9 of the impugned
judgment, the appropriate course to follow is
to refer the matter to a larger Bench to settle
the controversy on points of law which are
subject matter of the conflicting views
expressed by the co-ordinate Benches of the
High Court on the points of conflict.
The parties will now be at liberty to
renew the application for grant of any
interim relief etc. before the High Court till
the disposal of the matter by the appropriate
Bench.
The appeals are accordingly allowed
and the impugned orders are set aside."
4] It is thus apparent that the Supreme Court has now
directed the issue to be referred to a larger bench. So long as
it is not decided, the present Petition also cannot be heard and
decided finally. In view of such peculiar state of affairs, the
matter is adjourned sine die.
926-wp9835-21.odt
5] In the meanwhile, there shall be ad-interim relief in
terms of prayer Clause "C". List the Petition after the
Reference is decided.
6] Since the parties before me are not the parties to the
matter which had gone upto the Supreme Court, they are
unable to state if any direction for referring the issue to a
larger bench has subsequently been passed. The Registrar
(Judicial) shall now take appropriate steps for listing the
Petition so that an order in Reference can be passed pursuant
to the directions of the Supreme Court if those are not already
issued. List that Writ Petition after 3 weeks.
[MANGESH S. PATIL,J.]
umg/
