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1995 DIGILAW 1145 (SC)

Dharmaji Vithal Sawant v. Pandurang Sawlaram Swar

1995-10-11

M.M.PUNCHHI, SUJATA V.MANOHAR

body1995
JUDGMENT : 1. Delay in filing the substitution-application is condoned. 2. Substitution allowed. 3. Mr. Ganesh, learned counsel, accepts notice on behalf of the heirs of respondent Nos. 2 and 3. He may file their Vakalatnama in due course, but, in any case, before the proceedings are finalised. 4. The dispute in this appeal relates to about 45 acres of land in which the appellants claim to be the tenants. The respondents are the landlords. parties' counsel have made a joint statement that the appellants shall retain absolutely 10 acres of land and the balance shall be surrendered by them to the respondents forthwith. Such allocation of properties shall put a stop to the litigation. It is, however, understood between learned counsel that there is a house constructed by the appellants on the land and which house and the land underneath shall be retained by the appellants but the land underneath shall be retained by the 10 acres which shall be allocated on one side of the holding (but including the house). For this purpose, lot the Tehsildar Gawantwadi, Distt. Sindhu Durg, Mehara here be approached by the parties for the purpose, armed with a copy of this order who, in turn, shall justify allocate 10 acres of land to the appellants and prepare a list of survey numbers which shall form part of the holding of the appellants and the remaining shall form part of the holdings of the respondents. Needless to add that he will hear both the parties and, if necessary, give them notice. Let that exercise be completed positively by the end of Nov. 95. After he has accomplished his task, he should obtain signatures of both the parties and put the respondents in possession of the lands which may cone to be vacated by the appellants, and report accordingly. 5. List this matter as part-heard on 5.12.1995.