ABHIJEET SHESHRAO PATIL Vs. GAYABAI

JUDGEMENT

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

(2.) The challenge in this petition is to the order dtd. 26/10/2023 passed by the Civil Judge, Junior Division, Barshitakli below Exh.191 in Regular Civil Suit No.36/2005 thereby rejecting the application filed by the petitioner for staying the suit and referring the issue of tenancy of defendants for determination by competent authority under Ss. 124 and 125 of the Maharashtra Tenancy and Agricultural Lands Act, 1958.

(3.) The petitioner herein is the original defendant No.3 in the civil suit. The suit was filed for declaration, permanent injunction and possession in respect of the land bearing Gat Nos.109, 155 and 127 situated at Mouja Sukali (Mhaispur), Tah. Barshitakli, District Akola.