{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9713 OF 2005 IN WP NO.1969 OF 2000 Tukaram Shankar Gondkar R/o Shirdi Tq. Rahata Dist. Ahmednagar. APPLICANT VERSUS Dnyaneshwar Sopanrao Shelke R/o Shirdi Tq. Rahata Dist. Ahmednagar and others. RESPONDENTS. *** Shri S.D.Kulkarni, advocate for applicant. Shri C.V.Kohralkar, advocate for respondent no1 absent. Respondent no.2 to 7 served with copy of W.P. *** Coram : S.P.DAVARE, J. Date: 16th June 2009. P.C.: 01- Perused. Heard learned counsel for the applicant / original petitioner. The applicant / original petitioner has preferred the present application requesting to fix-up Writ Petition No.1969/2000 for final hearing. {2} 02- The applicant / original petitioner has filed present Writ Petition against the judgment and order dated 19th March 1999 passed by the learned Member of the M.R.T. Pune in Revision No.MRT-SH-IV-2/95. The petitioner states that he is original plaintiff in RCS No.240/1982 which is subsequently numbered as RCS No.60/1990 and the respondent no.1 is the original defendant no.1 in the said suit. The respondent no.1 alleged that he is tenant and the issue about the said tenancy was framed and which was referred to Tenancy Authority. The learned SDO Sangamner gave finding in favour of the petitioner and held that respondent no.1 is not a tenant. The said judgment dated 07/01/1995 passed by the SDO Sangamner was challenged in revision application before the M.R.T. Pune which is allowed and being aggrieved by the said finding of M.R.T., the petitioner has filed the present Writ Petition No.1969 of 2000 which is pending before this Court. 03- It is contention of the applicant / original petitioner that almost twenty five years have been passed after filing of the suit by him bearing RCS No.240/1982 and therefore he prayed that WP No.1969/2000 be fixed for final hearing to enable to to enjoy the fruits of the said suit. 04- Considering the position that the petitioner / original plaintiff has filed the RCS No.240 in the year 1982 i.e., about more than twenty five years back and unless and until the question of tenancy of respondent no.1 is decided, the said suit cannot be proceeded with and for that purpose the present Writ Petition no.1969/2000 is required to be decided at the earliest to enable the petitioner / original plaintiff to enjoy the fruits of the said suit if he succeeds therein. In the circumstances present application bears substance and same is required to be allowed in the interest of justice. 05- Hence C.A. No.9713 of 2005 is allowed in terms of prayer {3} clause “A” thereof and W.P. No.1969/2000 be fixed for final hearing in the week commencing from 07th September 2009 and present Civil Application stands disposed of accordingly. [S.P.DAVARE] JUDGE. /mda/0609/ca9713.05