rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1520 OF 2005 WRIT PETITION NO. 1520 OF 2005 WRIT PETITION NO. 1520 OF 2005 Ramakant Laxman Patil .. Petitioner. V/s. Pandurang Rajaram Parab & Ors. .. Respondents. Mr.D.Brijesh i/b.M/s.Khandeparkar & Associat for Petitioner. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. P.C.:- P.C.:- P.C.:- . Heard learned counsel appearing for the Petitioner. Perused the petition and the impugned order. The Petitioners apprehension is that despite Reference being made to Tenancy Case No.9 of 2002 and the relief claimed therein, that would not be forming part of the record of Regular Civil Suit No.69 of 2002. This apprehension is not well founded. Issue No.1 as framed in the suit pertains to the ownership of the plaintiff, who is petitioner before me. In so far as Issue No.2 is, whether the possession is lawful or not? That has to be proved by the Petitiioner/Plaintiff. 2 While proving the same, he may as well place before the Court the material with regard to the Tenancy Reference Case No. 9 of 2002. He may prove that his possession is lawful not just because he is the owner, but he is also declared as a tenant in respect of the suit land. Merely because there is no reference in the issues does not mean that the Petitioner/Plaintiff is precluded from bringing the material with regard to his claim of tenancy on record. 2. However, it will be proper to accede to the request of the Petitioner to stay the hearing of the suit till the Tenancy Reference is concluded. The Petitioner can by raising appropriate pleas, bring the decision of the tenancy authority on record in accordance with law. Rejection of the application so also this writ petition does not prevent the Petitioner from bringing the orders of the tenancy authorities, as and when they are passed, on the record of the Special Civil Suit. With all these clarifications, this writ petition is dismissed. 3. Tenancy Case No. 9 of 2002 which is pending before the Revenue Authorities to be heard and disposed of as expeditiously as possible within a period of four months from today. The suit shall, however, proceed after a period of four months. (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.)