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Bombay High CourtCAW/469/2015dispossed offdismiss for default

Raje Jayantrao S/O Vinayakrao Deshmukh v. Jaywant S/O Amarsingh Jadhav And 3 ORS

2015-03-09Hon'Ble Shri Justice A.S. Chandurkar2 pages

caw469.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application (S) No. 469 of 2015 in Writ Petition No. 1281 of 2011 (Raje Jayantrao s/o Vinayakrao Deshmukh Vs. Jaywant S/o Amarsingh Jadhav and ors.) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...................................................................................................................................................................... Shri N. S. Deshpande, Advocate for applicants Shri K. S. Narwade, Advocate for respondent no. 1 Shri K. L. Dharmadhikari, AGP for respondent nos. 2 to 4 CORAM: A. S. CHANDURKAR, J.

DATED: 9-3-2015.

Heard.

Prayer is to stay the further proceedings in RCS No. 115/1999. It is submitted that the issue as regards tenancy has been referred by the civil Court to the tenancy Court and the order passed by the Maharashtra Revenue Tribunal is under challenge in the present writ petition. It is further submitted that the suit is now fixed for recording the evidence.

Shri Narwade, learned counsel

caw469.15 appearing for respondent no. 1 does not dispute the factual position of the matter.

Learned AGP is appearing for respondent nos. 2 to 4.

Considering the fact that the suit is fixed for evidence and the issue itself has been referred to the tenancy Court, during pendency of the present writ petition, further proceedings in RCS No. 115/1999 shall remain stayed.

The civil application stands disposed of.

As the civil suit is of the year 1999, list the writ petition for hearing in the week commencing from 20-4-2015 with Writ Petition No. 1282/2011.

JUDGE wasnik