caw3160-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3160 OF 2010 IN WRIT PETITION NO.2740 OF 2010 Salvador Francis Fernandes .. Applicant Versus Pandurang Madhusudan Mahale (deceased) through heirs Mrs.Vidula D. Kulkarni & Ors. .. Respondents Mr.D.A.Patil with Milind Parab i/b. Milind Parab & Associates for petitioner/ applicant Mr.C.P.Deogirikar for respondent Nos.1A to 1D and 2A. CORAM : S.C.DHARMADHIKARI, J. DATE : 13th July 2011. P.C.: 1] It is stated that the only heir of Bhaskar Mahale is Mrs.Muktabai Mahale and she has already been brought on record as respondent No.2(a). Mr.Deogirikar has also filed vakalatnama on her behalf. Civil Application does not survive and disposed of accordingly. (S.C.Dharmadhikari, J) caw3160-10.doc 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2740 OF 2010 Salvador Francis Fernandes .. Applicant Versus Pandurang Madhusudan Mahale (deceased) through heirs Mrs.Vidula D. Kulkarni & Ors. .. Respondents Mr.D.A.Patil with Milind Parab i/b. Milind Parab & Associates for petitioner/ applicant Mr.C.P.Deogirikar for respondent Nos.1A to 1D and 2A. CORAM : S.C.DHARMADHIKARI, J. DATE : 13th July 2011. P.C.: 1] Heard both sides. Rule. Respondents waive service. Heard both sides on interim reliefs. 2] It is argued that the ad-interim order passed by this Court on 5th April 2010 in terms of prayer clause (c) of this petition be continued till the hearing and final disposal. caw3160-10.doc 3 3] On the other hand Mr.Deogirikar invites my attention to the observations of the Tribunal and the affidavit in reply to oppose admission and interim reliefs wherein respondent No. 1(c) has pointed out that the claim of tenancy in respect of land S.No.51/1/1 and in respect of area admeasuring 1 acre and 20 Gunthas has not been proved. The petitioner has house on land admeasuring 0.08 gunthas in S.No.51/1/6. 3] Petitioner’s Counsel would contend that the Tribunal's order is vitiated prima facie by errors apparent on the face of the record and perversity inasmuch as the SDO on proper enquiry in tenancy appeal No.43 of 2001 declared the petitioner to be a tenant in respect of the portion admeasuring 1 Acre and 20 Gunthas which has been erroneously interfered with by the Tribunal. 4] Prima facie, in the light of the pendency of the civil suit and in view of interim orders therein and this Court yet to caw3160-10.doc 4 determine whether the claim of petitioners towards larger area has been substantiated or not, it will not be proper to continue the ad-interim order as made. The ad-interim order in terms of prayer clause (c) is, therefore, modified and it is directed that without prejudice to the rights and contentions of parties in these proceedings as well as before the Civil Court, the stay of Tribunal's order shall stand restricted to the area occupied by the house and admeasuring 0.008 Gunthas in S.No.51 Hissa No.1/6. (S.C.DHARMADHIKARI, J)