Shri. Krishna Vitthal Bhosale v. Shri. Ajay Ramchandra Bhosale

8-CRA-191-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR CIVIL REVISION APPLICATION NO.191 OF 2024 SATISH RAMCHANDRA SANGAR Date: 2024.11.22 19:22:14 +0530 Shri.Krishna Vitthal Bhosale ...Applicants V/s.

Shri.Ajay Ramchandra Bhosale and Ors.

...Respondents

***** Mr.Ram Apte (Senior Counsel) a/w Mr.Mandar Limaye:- Advocates for Applicants.

***** CORAM :

S. M. MODAK, J.

DATE :

18th NOVEMBER 2024 P. C. :- 1.

Heard learned Senior Advocate Shri.Apte for the Applicants / Defendant Nos.7 to 9.

2.

Their Application for rejection of the Plaint was rejected by the trial Court on 8th November 2023. Their contention before the trial Court is, the Suit land is falling within the limits of Satara Municipal Council and as such, the provisions of the Maharashtra Tenancy and Agricultural Lands Act, 1948 are not applicable. It is rejected by the trial Court.

Satish Sangar 1/2

8-CRA-191-2024.doc 3.

The contentions are as follows:- (a) The Plaintiff has pleaded in Para No.3 of the Plaint that inspite of the provisions of Section 43-C of the said Act, they are covered by the proviso. But, the Plaintiff has neither averred nor filed any documents to show that they have acquired a right as a tenant on or after 20th December 1948. (b) There are no observations by the trial Court that the case of the Plaintiff fall under the proviso to Section 43-C of the said Act.

(c) The observations of the trial Court about the provisions of Section 85 of the said Act are erroneous and the bar to jurisdiction is applicable since beginning and not after framing of issue.

4.

Issue notice to Respondents before admission returnable on th December 2024.

5.

The Applicants are at liberty to point out to the trial Court about filing of this Writ Petition. If, any urgency is there, they are at liberty to seek circulation.

[S. M. MODAK, J.] Satish Sangar 2/2