mp -1- wp7178_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7178 OF 2010 Ramro Maruti Abdar and others .. Petitioners Versus Krishna Maruti Abdar and others .. Respondents Mr. T. S. Ingale for the Petitioners. Mr. A. M. Kulkarni for Respondent Nos. 1 and 2. CORAM : B.R. GAVAI, J. THURSDAY, JANUARY 20, 2011 P.C. : Rule, returnable forthwith. Heard by consent. 2. The Petitioner challenges the order dated 14th July 2010, vide which the application below exhibit-153 and exhibit-156 in Regular Civil Suit No. 266 of 1985 came to be rejected. Application below exhibit 153 was filed for treating issue No. 7(C) as a preliminary issue. Whereas exhibit 156 was filed for referring issues to the Tenancy Tribunal for its findings. 3. Insofar as challenge to rejection of application below exhibit 153 is concerned, the learned counsel for the petitioner does mp -2- wp7178_10 not press the same and the petition stands disposed of as withdrawn insofar as relief in that respect is concerned. 4. Insofar as application below exhibit 156 is concerned, since both the parties agree that the issue Nos. 2A to 2C are required to be referred to the Tenancy Tribunal, it is not necessary for me to refer to the rival submissions. 5. The petition is, therefore, partly allowed. Insofar as the application below exhibit 156 for referring the issue Nos. 2A to 2C to the Tenancy Tribunal is concerned, the same stands allowed. The learned Trial Court would make the necessary reference within a period of one month from today. The learned Tenancy Tribunal is directed to decide the said issues within a period of one year from today. 6. Since the Suit is of year 1985, after the learned Trial Court receives the answers on the issue from the learned Tribunal, the Suit will be decided within a period of one year therefrom. 7. However, since I find that both the applications were filed by the petitioner at belated stage, the petitioner shall pay the costs which is quantified at Rs. 5,000/-. The costs be deposited in the Trial Court within a period of four weeks from today. On deposit of the said amount, the respondents would be at liberty to withdraw the same. (B. R. GAVAI, J)