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 CIVIL APPLICATION NO.2965 OF 2008 IN WRIT PETITION NO.4445 OF 2007 Ankush Dhondu Ambolkar. ..Applicant. V/s. Yunus A.Sattar Rakhangi & Ors. ..Respondents. Mr.Rakesh Bhatkar for applicant. Mr.A.P.Kulkarni for respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Relief claimed in this application amongst other is to stay the proceedings pending before the Tahasildar, Lanja being Tenancy Application No.101 of 2006 till disposal of the present Writ Petition. It is not possible to accede to this request. It is well established position that the question as to whether the Applicant is tenant or otherwise is a matter, which can be answered only by the Tenancy Authority. Since that proceedings have been resorted to, the same will have to be proceeded on its own merits, uninfluenced by any observations made by the 2 Civil Court, which is only tentative to consider interlocutory application. Thus understood, the relief as prayed, in the present application cannot be granted. Instead, this Application is disposed of by making it clear that Tenancy Court will be free to decide the pending application on its own merits in accordance with the law. Questions therein are left open to be proceeded uninfluenced by observations of the Civil Court. 3. At this stage, Counsel for the Applicant submits that in that case hearing of the Writ Petition be expedited. I see no reason to accede to this request. Writ Petition be listed as per its turn. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)