Smt. Shashikala Rajendra Pai vs Arjun Changa Surte And Ors
2023 Latest Caselaw 2456 Bom

                                                                        1 of 2         28-cra-129-23



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                               CIVIL REVISION APPLICATION NO. 129 OF 2023
                                                     Shashikala Vs. Arjun



                     Office Notes, Office                  Court's or Judge's Orders
                     Memoranda of Coram,
                     appearances, Court's
                     orders or directions
                     and Registrar's orders


                                   Mr. A. R. Pai a/w. Atharva Sane a/w. Prajakta S.
                                   i/b. Maansi R. Gupta for Applicant.
                                                      __________

                                               CORAM          : SARANG V. KOTWAL, J.

                                               DATED          : 14 MARCH 2023

                                   P. C. :

1. The Applicant is the original Defendant No.1.

She has challenged the order dated 20/02/2023

passed by 3rd Jt. C.J.S.D., Panvel, below Exh.56 in

R.C.S.No.180 of 2010. The said application below

Exh.56 was filed for framing of preliminary issues

mainly on the point of challenging the order dated

01/11/1995 passed U/s.43 of The Bombay Tenancy

and Agricultural Lands Act, 1948 read with Section 85

of the said Act. The said application was rejected.

Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: Gokhale 2023.03.16 14:31:04 +0530 2 of 2 28-cra-129-23

2. The contention of learned counsel for the

Applicant is that, the ratio of Judgment of this Court

in the case of Tukaram Dhondiba Chopade Vs.

Andappa Genu Walekar since deceased through L.Rs.

And others1 was relevant, but learned Trial Judge had

merely produced that citation in his order without

giving proper reasoning as to why the said ratio was

not applicable to the Applicant's case.

3. Considering these submissions, issue notice to

the respondents, returnable on 05/07/2023.

4. Based on the submissions made by learned

counsel for the Applicant, there shall be ad-interim

relief in terms of prayer clause (c).

5. Stand over to 05/07/2023.

6. Ad-interim relief shall operate till the next date.

(SARANG V. KOTWAL, J.)

1 2012 (3) Mh.L.J. 150