Shamrao Kondi Sutar Decd Legal ... vs Jijabai Tatyaba Padwal And Ors
2023 Latest Caselaw 8229 Bom

SAYALI
DEEPAK
UPASANI                                                                   30-WP-1295-22.DOC
Digitally signed by
SAYALI DEEPAK
UPASANI
Date: 2023.08.11
12:06:28 +0530                                                                      Sayali Upasani


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION


                                           WRIT PETITION NO.- 1295 OF 2022


                      Shamrao Kondi Sutar Deceased Legal Heir                   ...Petitioners
                      and Others

                                                     Vs.
                      Jijabai Tatyaba Padwal And Others                     ...Respondents


                      Mr. Manjeet Lotankar, i/b D.D. Rananaware, for Petitioners.
                      Mr. Nikhil Wadikar a/w Ms. Sejal Jain i/b Mr. Nandu Pawar,
                      for Respondent Nos. 1 and 2.

                                                            CORAM:- N. J. JAMADAR, J.

DATED:- 10th AUGUST, 2023 PC:-

1) Heard the learned Counsel for the parties.

2) The learned Counsel for the petitioners seeks time to work

out the matter.

3) The learned Counsel for the respondent Nos. 1 and 2

submits that RCS No-. 29 of 1965 has not been adjudicated on

account of Reference under Section 85A of the Maharashtra

Tenancy and Agricultural Lands Act, 1948.

30-WP-1295-22.DOC

4) The learned Counsel invites the attention of the Court to an

order dated 11th April, 2022, passed by this Court, whereby it

was clarified that till date this Court has not granted any interim

relief and the learned Civil Judge was at liberty to proceed with

the hearing of the Regular Civil Suit No.29 of 1965.

5) The learned Counsel makes a grievance that despite the

said order though the trial in the suit is complete, argument are

not being heard, and the suit is yet to be decided.

6) Once it is clarified that the Civil Court is at liberty to

proceed with hearing of the RCS No.29 of 1965, there can be no

impediment for hearing and final adjudication of the suit by

passing a judgment in accordance with law.

7) Hence, while reposting the matter, at the request of the

learned Counsel for the petitioner, it is once again clarified that

the trial Court shall decide RCS No. 29 of 1965 in accordance

with law.

8) Post the Petition on 21st September, 2023.

[N. J. JAMADAR, J.]