1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2498 OF 2009 Ibrahim Bandu Shaikh since deceased by his legal representatives. 1A. Smt.Khatunbi Noormohamad Inamdar since deceased by her legal representatives 1A/1. Mubarak N. Inamdar & Ors. ..Petitioners. V/s. 1. Smt. Ramat Hanif Shaikh since deceased by her legal representative Nos.2 and 3 below. 2. Smt.Baby Mirasaheb Mutani & ors. ..Respondents. Mr.S.G.Deshmukh for petitioners. Mr.J.S.Kini with P.B.Panse for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 16, 2009. DATE : MARCH 16, 2009. DATE : MARCH 16, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Having regard to the nature of relief claimed, it is obviously in the nature of suit for partition. The fact that the tenancy authorities have already declared the original defendant to be tenant in respect of suit property and have issued certificate under Section 32M of the Bombay Tenancy and Agricultural Lands Act, that is a matter which may be relevant to answer the point in issue in the 2 suit. It is Plaintiffs’ claim that they were also tenants in the suit property. However, it is well established position that the issue of tenancy cannot be gone into before the Civil Court. The Civil Court in such a situation would be bound by the declaration given by the tenancy Court and has to proceed only on that basis, so long as that declaration operates. Suffice it to observe that those are matters which will have to be addressed in the suit for considering relief, as prayed by the Plaintiffs. However, that cannot be the sole basis of answering the preliminary issue regarding jurisdiction of the Civil Court. 3. As aforesaid, having regard to the nature of relief claimed, the Civil Court can deal with the said relief. In the circumstances, this Petition is dismissed while making it clear that the Trial Court shall proceed with the suit in accordance with the law on its own merit, uninfluenced by any observation made in the impugned decision or for that matter the present order. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)