Shri. Amrua Janu Bhande (Decd.) Thr. Lrs. Smt. Vimla Amruta Bhande v. Shri. Kanhu Vithu Bhande And ORS.

(20) CRA-77-2020.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2021.02.25 17:53:21 +0530 CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 77 OF 2020 Shri Amruta Janu Bhande (decd.) through heirs:- 1/1 Smt. Vimalbai Amruta Bhande and Ors.

... Applicants.

V/s Shri Kanhu Vithu Bhande and Ors.

.... Respondents.

Mr. Rajaram P. Lote for the Applicants.

CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 22, 2021 P.C.:- 1] In suit for declaration preferred by the Applicants, Trial Court refused to issue witness summons to the revenue Officers vide impugned order dated 10/10/2019. As such, this Revision Application.

2] Applicants are trying to establish his case before the Trial Court based on the alleged proceedings under Section 32G and 32M of the Bombay Tenancy and Agricultural Lands Act, whereas in defence Respondents in Written Statement have claimed revenue entries in their favour.

1/2

(20) CRA-77-2020.doc 3] In the aforesaid backdrop and having regard to the respective pleadings, burden that is cast on the Applicants and status of the witnesses who are sought to be examined as witnesses of the Petitioner, in my opinion, Trial Court was very much justified in rejecting the application. No case for interference in extraordinary jurisdiction is made out. Application fails and same stands dismissed. ( NITIN W. SAMBRE, J. ) 2/2