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2004 DIGILAW 1471 (SC)

VASANTRAO S. SHINDE v. RAJGURU G. SHINDE

2004-10-13

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( 1 ) DURING the course of hearing, the learned counsel for the parties submitted that a civil suit has been filed by the respondents for possession against the appellant, which is pending. In the said suit, issue of tenancy has also been raised and it has been referred to a tenancy court under S. 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948. This being the position, it is unnecessary to examine the respective contentions of the parties in this appeal. It is enough to state that the panics shall be governed by the decree that may be passed in the said suit. The said suit shall be decided by the court independently on its own merits uninfluenced by any of the observations made in these proceedings. It is needless to state that till the said suit is disposed of, the possession of the appellant shall not be disturbed. ( 2 ) THE civil appeal is, accordingly, disposed of.