Maruti Deosthan Vahiwatdar And Rastra ... vs Sunil Balasaheb Mali (Ghodekar) And Ors
2024 Latest Caselaw 340 Bom

Bombay High Court

Maruti Deosthan Vahiwatdar And Rastra ... vs Sunil Balasaheb Mali (Ghodekar) And Ors on 8 January, 2024

Author: Amit Borkar

Bench: Amit Borkar

                                                                                     14-wp--3733-2022.doc


                       SA Pathan
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION


                                              WRIT PETITION NO.3733 OF 2022


SHABNOOR
AYUB
PATHAN
Digitally signed by
                       Maruti Deosthan Vashiwatdar And
                       Rashtra Sant Samarth Ramdas Swami
SHABNOOR AYUB
PATHAN
Date: 2024.01.08
17:02:39 +0530




                       Math Through Trustee                            ... Petitioner
                                  V/s.
                       Sunil Balasaheb Mali (Ghodekar) & Ors           ... Respondents



                       Mr. Satyajeet P. Dighe, for Petitioner.
                       Mr. S. G. Karandikar i/by Ms. Sonali G. Sase, for
                       Respondents.



                                                       CORAM     : AMIT BORKAR, J.

                                                       DATED     : JANUARY 8, 2024
                       P.C.:

1. The preliminary objection raised on behalf of petitioner is that in addition to challenging order under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 in appeal. The petitioner has challenged the same order as one of the prayer in a civil suit.

2. The Advocate for petitioner states that the petitioner has already filed an application for deletion of the prayer challenging the order passed under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948.

14-wp--3733-2022.doc

3. It is also contended by the respondents that final arguments in the civil suit are heard and the suit is fixed for judgment.

4. The Civil Court is, therefore, directed to decide the application filed by the petitioner seeking deletion of prayer challenging order under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 before delivery of judgment in Regular Civil Suit No.790 of 2014.

5. Stand over to 22 January 2024.

(AMIT BORKAR, J.)