MURLIDHAR S O BHIMA VAIDYA Vs. NABABBI YOUSUFKHAN

JUDGEMENT

(1.) THIS Court by order dated 20-12-1988, while admitting the Civil Revision Application, has directed that the Civil Revision Application to be heard along with Writ Petition No. 1692 of 1988. In view of this order both these matters are listed together for final hearing. The parties in both the proceedings are same and the subject-matter of immovable property involved is also the same. However, both the proceedings arise in between the parties from the different proceedings, namely, writ petition arises from the proceedings under section 29 of the Bombay Tenancy and Agricultural Lands Act filed by the respondents against the original landlord in which the petitioners also participated at a later stage and the order for delivery of the possession have been passed in favour of respondents upto the Maharashtra Revenue Tribunal in Revision Petition No. MRT/ah-V-3/88, decided on 14th September, 1988 and the said order is under challenge in the writ petition.

(2.) THE Civil Revision Application arises from the order of the Civil Judge, Junior Division, passed on 19-11-1988 issuing the possession warrant against the revision petitioners in respect of the land Survey No. 108 of the village Korhale in Execution Petition No. 8 of 1970.

(3.) BEFORE the points involved in these cases are considered, it is necessary to state the facts.