UTTAM BAPUSHA BAIKARE Vs. SHRIRAM

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned advocates for the parties.

(2.) This petition is directed against order dtd. 5/7/2018 passed by the learned 3rd Joint Civil Judge, Junior Division, Ahmedpur below Exhibit-49 in Regular Civil Suit No.355 of 2014, thereby rejecting the application filed by the petitioner - defendants to transfer the suit to the Tenancy Court, as tenancy issue is framed in the suit.

(3.) The respondents - original plaintiffs filed the suit for permanent injunction and declaration as owners of the suit land Gut No. 249 to the extent of 1 Hectare 70 Are, situated at village Omerga Retu, Taluka - Jalkot, District - Osmanabad. The petitioners - defendants appeared and resisted the claim of the plaintiffs. The trial court framed issues on 23/12/2016. At the instance of defendants, vide order passed below Exhibit48, an additional issue is framed i.e. "Does the plaintiff prove that his father namely Khandu was in possession over the suit land Gat No. 249 (Sy. No. 28) to the extent of 12 Acre 27 Guntha, as tenant?"