Bombay High CourtCAW/789/2015dismissedrule discharged

Shankar S/O Ambadas Thakare And 3 Others v. Dharmal Sansthan Jawala Shahapur Regd. Trust By Mohan S/O Devidas Vidhale And 6 Others

2015-06-17Hon'Ble Shri Justice Z.A. Haq1 pages

1 caw789.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAW) NO.789 OF 2015 IN WRIT PETITION NO.3129 OF 2011.

(SHANKAR AMBADAS THAKARE & OTH...VS..DHARMAL SANSTHAN, JAWALA SHAHAPUR & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JUNE 17, 2015.

Heard Mr. V.N.Patil, the learned advocate for the applicant/petitioner and Ms Pallavi Mahashabde, the learned advocate holding for Mr. M.A.Vaishnav, advocate for the respondent Nos.1A to 1G.

The petitioner is seeking stay of the further proceedings of Revenue Case No.2/59(32)/2005-06 of Jawala-Shahapur filed by the respondent No.1 under Section 120-C of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as "the Tenancy Act, 1958"). It is submitted that the proceedings under Section 120 of the Tenancy Act, 1958 have been initiated on the basis of the Exemption Certificate which is challenged in the writ petition and therefore, the proceedings initiated under Section 120 of the Tenancy Act, 1958 are required to be stayed.

This Court, while issuing Rule, has not granted the prayer for interim relief and it is deemed to be rejected. Similar prayer is now again made in this civil application and it cannot be granted.

The Civil Application is dismissed.

JUDGE RRaut..