Hnumant Babu Mali vs Jambuvant Babu Mali And Others
2024 Latest Caselaw 14637 Bom

Bombay High Court

Hnumant Babu Mali vs Jambuvant Babu Mali And Others on 7 May, 2024

               IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                          BENCH AT AURANGABAD

                   908 WRIT PETITION NO. 4768 OF 2024

                            HNUMANT BABU MALI
                                    VERSUS
                     JAMBUVANT BABU MALI AND OTHERS
                                       ...
                   Advocate for the Petitioner : Mr. Doke K.R
                                       ...

                                      CORAM : ARUN R. PEDNEKER, J.

Dated : May 07, 2024 PER COURT :-

1. The learned Advocate for the petitioner submits that the issue which

is required to be framed to be referred to the consolidation authorities

under Section 36-B of the Bombay Prevention of Fragmentation and

Consolidation of Holdings Act, 1947 is not framed, as such, without framing

the issue and referring the same to the consolidation authority, the suit

ought not to have been stayed.

2. The learned Advocate for the petitioner relies upon the Judgment of

this Court in Writ Petition No.5344/2021, Uttam Dattu Mali vs.

Jagannath Bandu Mali, decided on September 08, 2021.

3. Issue notice to the respondents, returnable on 16/07/2024.

( ARUN R. PEDNEKER, J. )

vj gawade/-.