LAXMAN SAWBA TIBILE Vs. DATTATRAYA DEO

JUDGEMENT

(1.) RULE. MR. Page waives service of Rule on behalf of the respondent. By consent of the parties, Rule heard forthwith. Heard parties. Perused the order impugned. This Writ petition impugns the legality and correctness of the order dated 17th July, 1993 passed by the learned Civil Judge, Junior Division, gadhinglaj, rejecting the application of the petitioner to stay the suit till the decision of the Maharashtra Revenue Tribunal in the matter of revision filed by the petitioner before the Maharashtra Revenue Tribunal challenging the legality and validity of a certificate issued by the Collector under Section 88-B of the Bombay Tenancy and Agricultural Lands Act.

(2.) THE learned Judge in the impugned order has relied upon the decision of a single Judge of this Court in Poulad Deochand Patil v. Samasta Aher Nhavi panch Trust and another, 1992 (2) BCR 583, and come to the conclusion that even if a trust does not possess certificate under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, the land in question will have to be treated as exempted land and, therefore, challenge of certificate under Section 88-B of the Act by the petitioner before the Maharashtra Revenue tribunal will not affect the suit. It is further observed by the learned judge that even if the Maharashtra Revenue Tribunal holds that certificate is wrong, aven then as per the ruling cited, the respondent will be at liberty to prove that it is a public trust.

(3.) I have heard the learned counsel on both the sides and after hearing them and in view of the fact that the trust is fighting this litigation right from 1967, instead of entering into the subtle legal aspects of the matter, the interests of justice require that some practical approach be made. Accordingly, without going into the legal aspects, I direct that the Maharashtra revenue Tribunal shall hear and finally dispose of th revision application bearing No. MRT-KP-36 of 1993 on or before 10th November, 1993 and until then i. e. till the disposal of the application by the Maharashtra Revenue tribunal as directed, the proceedings of Regular Civil Suit No. 11 of 1983 in the Court of the learned Civil Judge, Junior Division, Gadhinglaj, is stayed. The rule is made absolute in the aforesaid terms. There shall be no order as to costs.