Vitthal Narayan Tarte v. Baban Laxman Tarte And ORS.

(8) WP-7384-2019.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2021.03.01 11:30:58 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7384 OF 2019 Vitthal Narayan Tarte .... Petitioner.

V/s Baban Laxman Tarte and Ors.

.... Respondents.

Mr. Rushikesh G. Patil for the Petitioner.

CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 25, 2021 P.C.:- 1] The application-Exhibit-43 moved by the Petitioner-Plaintiff for recasting of issue of validity of Consolidation Scheme implemented in 1968-69 under the provisions of Rule 5 of Order 14 of CPC came to be rejected by the order impugned.

2] Submissions of the learned Counsel are, considering the nature of claim put-forth in the suit and the issues framed, it is necessary to frame additional issue, as has been prayed.

3] I have considered the said submissions in the light of the suit claim and also reasons furnished in the order impugned. As far as 1/2

(8) WP-7384-2019.doc issue about validity of Consolidation Scheme is concerned, Petitioner intends to open the same in the suit after a period of almost about 40 years. Apart from whether such a claim is within limitation or not, there is a presumption in favour of the Government in the matter of implementation of the said Scheme.

4] In that view of the matter, no case for interference is made out. Petition fails and same stands dismissed.

( NITIN W. SAMBRE, J. ) 2/2