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Bombay High CourtIA/18079/2022disposed off

Maruti Sambha Mane Dced. Thr. Lhrs Laxmi Maruti Mane And ORS v. Annappa Mahadev Mane And ORS

2022-09-13Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18079 OF 2022 IN WRIT PETITION NO.3221 OF 2022 Maruti Sambha Mane DECD.

THR. LHRS. Laxmi Maruti Mane and Ors.

..... Applicants Vs.

Annappa Mahadev Mane and Ors.

....Respondents ----- Mr. Pradeep D. Dalvi, Advocate for the applicants. Mr. Amol L. Dhumal, Advocate for respondents no.1 to 5. Mr. Yuvraj Gharal, Advocate for respondent no.6 and for petitioner in Writ Petition (St.) No. 4313/2022.

CORAM:

SANDEEP K. SHINDE, J.

DATED :

SEPTEMBER 13, 2022 P.C.

1.

Pending petition, petitioner no.1 passed away on 26th March, 2022. This application is moved to bring his legal representatives on record. Application has been fled within time. It is therefore granted and allowed in terms of prayer clause (a). Digitally signed by NEETA SHAILESH SAWANT Date:

2022.09.14 12:07:45 +0530 2.

Petitioner to carry out consequential amendments forthwith. NEETA SHAILESH SAWANT (SANDEEP K. SHINDE J.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3221 OF 2022 Maruti Sambha Mane DECD.

THR. LHRS. Laxmi Maruti Mane and Ors.

..... Applicants Vs.

Annappa Mahadev Mane and Ors.

....Respondents ----- Mr. Pradeep D. Dalvi, Advocate for the applicants. Mr. Amol L. Dhumal, Advocate for respondents no.1 to 5. Mr. Yuvraj Gharal, Advocate for respondent no.6 and for petitioner in Writ Petition (St.) No. 4313/2022.

CORAM:

SANDEEP K. SHINDE, J.

DATED :

SEPTEMBER 13, 2022 P.C.

1.

Heard learned Counsel for the parties.

2.

Prima-facie the observations in para-11 of the impugned order to the effect that, Mahadeo, predecessor-in-title of the petitioner was the 'only' tenant cultivating the land in question, is de-horse the evidence on record. On the contrary, evidently, in all previous proceedings, under Section 32G of the Bombay Tenancy and Agricultural Lands Act, Mahadev, at no point of time, contended that, he was the, sole tenant, on tiller's day. In consideration of these facts, prima-facie, a case is made out to grant ad-interim relief in terms of prayer clause (b). Learned Counsel appearing for

respondents no.1 to 5 may fle his reply within three weeks from today with advance copy to the Counsel for the petitioner in both the petitions.

3.

Mr. Dhumal, waives notice on behalf of respondents no.1 to 5. 4.

List the petition for further consideration on 16th December, 2022.

(SANDEEP K. SHINDE J.)