Naresh Prabhakar Kinalekar v. Arati Ganpat Marathe And ANR.

33-wp-729-2010.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 729 OF 2010 by BHARAT DASHARATH PANDIT Date: 2022.04.05 20:01:11 +0530 Shri Naresh Prabhakar Kinalekar ..... Petitioner.

V/s Smt. Arati Ganpat Marathe and Anr.

..... Respondents.

Mr. Milind Parab i/b Mr. Milind Parab and Associates for the Petitioner. CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 31, 2022 P.C.:- 1] In view of judgment of this Court in the matter of Narendra Jagannath Joshi vs. State of Maharasthra reported in 2003(3) Bom C.R.54 and that of the Apex Court in the matter of Laxmappa Bhimappa Hulsgeri by LRs and Others vs. Hanamappa Shetteppa Korwar and Others reported in (2004) 7 SCC 391, contention of the Petitioner is, issue in relation to tenancy under B.T. & A.L. Act ought to have been referred to the Tribunal. The Court while passing the order impugned below Exhibit-22 has not appreciated the said legal position. That being so, order impugned dated 4/12/2009 passed below Exhibit-22 is quashed and set aside with a direction to decide the same afresh having regard to the law referred to above in the aforesaid judgment.

2] Petition is partly allowed in the aforesaid terms. ( NITIN W. SAMBRE, J. ) 1/1