Namdev Maruti Thorat Deceased ... vs Shri Dhondiram Ananda Patil ...
2022 Latest Caselaw 1508 Bom

                       (9 & 12)-WP-7851-21 & 593-22.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally
          signed by
                                       CIVIL APPELLATE JURISDICTION
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:

                                        WRIT PETITION NO.7851 OF 2021
          2022.02.14
          15:41:09
          +0530




                       Nandkumar Namdev Thorat and Ors.                     ..Petitioners
                             Versus
                       Shri. Dhondiram Ananda Patil
                       Since deceased through legal heirs
                       Shri. Vijay Dhondiram Patil and Ors.                 ..Respondents

                                                    WITH
                                        WRIT PETITION NO.593 OF 2022

                       Shri. Namdev Maruti Thorat
                       Since deceased through legal heirs
                       Nandkumar Namdev Thorat and Ors.                     ..Petitioners
                             Versus
                       Shri. Dhondiram Ananda Patil
                       Since deceased through legal heirs
                       Shri. Vijay Dhondiram Patil and Ors.                 ..Respondents

                       Mr. Umesh R. Mankapure, for the Petitioners in both Petitions.
                       Mr. Umesh Pawar, for the Respondent No.1 in both Petitions.

                                                     CORAM : NITIN W. SAMBRE, J.

DATE : 14th FEBRUARY, 2022

P.C.

1. After the trial in the suit for redemption of mortgage has reached at an advanced stage, petitioners/defendants moved an application taking shelter of Section 85A of the Maharashtra Tenancy and Agricultural Lands Act seeking reference of the issue of tenancy. The prayer is rejected vide impugned order.

                       BGP.                                                        1 of 2
 (9 & 12)-WP-7851-21 & 593-22.doc.


2.          Mr.   Umesh    Mankapure,     learned   counsel    for     the

petitioners/defendants would urge that the impugned order is not sustainable as it is the duty of the Civil Court to look into the pleadings and immediately make reference for adjudication of issue of tenancy. He has drawn support from the judgment of this Court in the matter of Narayan Yeshwant Pednekar and Ors. Vs. Sabaji Vishram Chamankar reported in 2008(2) Mh.L.J. 318. According to him, since issue of tenancy can be inferred from the rival pleadings, the Court below has committed an error in not referring the matter. At this stage, he seeks time to file additional affidavit so as to place on record documents demonstrating the old revenue entries in the name of the petitioners/defendants. He would further assure this Court that the petitioners shall be depositing cost of Rs.25,000/- before the Court below to show their bonafides within a period of two weeks from today.

3. Statement accepted.

4. Petitioners and respondents are at liberty to file their respective affidavits.

5. Matter to come up for for consideration on 8 th March, 2022.

                                          [NITIN W. SAMBRE, J.]



BGP.                                                          2 of 2