Shri. Rangrao Shankar Jadhav And ORS. v. Shri. Mohanlal Parasram Pinjani And ORS.

44-wp5227-2019.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5227 OF 2019 Rangrao Shankar Jadhav & Ors.

... Petitioners V/s.

Mohanlal Parasram Pinjani & Ors.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.12.12 17:05:37 +0530 None for the petitioners.

Mr. Narendra V. Bandiwadekar, Senior Advocate with Mr. Aniket S. Phapale i/by Ms. Ashwini Bandiwadekar for respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 12, 2024 P.C.:

1.

The Appellate Court, by the impugned order, has rejected the petitioners' application for framing issue under section 63(a) of the Maharashtra Tenancy and Agricultural Lands Act, 1948 to adjudicate whether the respondents are agriculturists or not. This issue can be considered by the appropriate tribunal if sufficient material is brought on record to indicate that the respondents are not agriculturists. However, this is not necessary for the purpose of deciding the appeal, hence, the impugned order does not suffer from legal infirmity. The writ petition is dismissed. 2.

Pending interlocutory application(s), if any, stand disposed of.

(AMIT BORKAR, J.)