1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9845 OF 2010 IN WRIT PETITION NO. 3085 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Shri. S.K. Chavan, Advocate for applicant. Shri. Bharaswdkar h/f. Shri. M.M. Patil (Beedkar), Advocate for respondent No. 4. CORAM: R.K. DESHPANDE, J. DATED: 29th July, 2010. P.C.: 1. This application seeks modification of the judgment and order dated 15th of June 2010, passed by this Court in Writ Petition No. 3085/2009. The petitioner has urged that he had raised question of law in Regular Civil Suit No. 06/2005 that the suit land was agricultural land and its rent could be recovered under Section 28 of Hyderabad Tenancy Act and therefore, suit was not maintainable. He, however, submits that this Court should clarify that the said finding recorded by the Appellate Court shall not come in the way of the petitioner in any other proceedings. 2. After hearing the learned counsel for the parties, it is apparent that the observations in para 4 of the judgment are very clear to the effect that any observations on the question 2 of law made in the judgment delivered by the Courts below shall not come in the way of petitioner in any other proceedings. 3. In view of this, there is no question of modification of order, passed by this Court. The application is, therefore, dismissed. [R.K. DESHPANDE, J.] ssc/ca9845.10