1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1939/2010. (Shobhachand Barku Mehar Vs. Ramkuwarbai w/o Bhavlal Ambat and Ors.) . ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.LK Pradhan, Adv. for petitioners; Respondent No.1 served/ present in court. Mrs.SG Chincholkar, Adv. for Resp.Nos. 2, 6 and 7. *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th October, 2010. .... 1) Heard. 2) In a suit for partition, plaintiff - Ramkuwarbai has narrated the pedigree of her family to stake her claim in the agricultural property. She has stated that after demise of her father - Ramchandra, the agricultural field was cultivated by Respondent No.2-Kapurchand Mehar. This cultivation by Kapurchand was for the plaintiff and her sister - Rajkuwarbai as the property belongs to Ramchandra Pardeshi. 3) The defendant no.1 - Kapurchand has set up the status of tenancy from his mother. 2 4) Considering the nature of controversy between the parties, even if effect of Section 34 of the Hyderabad Tenancy and Agricultural Lands Act, 1950, is taken into consideration, the issue, which was initially framed and the learned Judge deleted by virtue of the order under challenge, by framing additional issue, that by itself will not change the colour and complexion, requiring restoring back the issue of tenancy. 5) In the result, the order under challenge below Exhibits-25 and 26 in RCS No. 271/2007 does not call for any interference. 6) Writ Petition dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/