Vishnu Parat Dargude Since Deceased Thro. Legal Heirs v. Hukumchand Hansraj Lohade Since Deceased Thro. Legal Heirs
Case brief
What is this about?
Bombay High Court, Writ Petition No. 3889 of 2026, decided 8th April 2026 by N. J. Jamadar, J. Challenge to Civil Judge's order dated 16th February 2026 rejecting defendants' application under Sections 85 and 85A, Maharashtra Tenancy and Agricultural Lands Act 1948, for reference of tenancy issue to Agricultural Land Tribunal (ALT). Application filed 18 years after 2007 suit for possession of encroached portion; held to be a delaying tactic; inconsistent with defence of title perfected by adverse possession in written statement. Petition dismissed; no cases cited; no costs/quantum discussed.
What did the court decide?
The learned Civil Judge's observation that the tenancy-reference application, moved 18 years after the suit's institution in 2007, was preferred with a view to delay the disposal of the suit cannot be said to be unfounded.