Final Order 1

Order Details: Other
Pdf Text: 15.04.2019
SU 8690/92
@ NM
1386/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Plff and Adv absent.
Adv. Mali for Defendant nos.2a to 2d present.
Adv for Defendant nos.2a to 2d tendered original NM No.1386/19
t.o.r.
Order below Notice of Motion No.1386 of 2019.
Read notice of motion, affidavit in support of it and reply of Plaintiff.
Heard Ld.Adv for Defendant nos.2a to 2d and 3.
None present for Plaintiff at the time of hearing.
Notice of motion is taken out by the defendant nos.2a to 2d and 3 for
framing additional issues as per schedule annexed to notice of motion
on the count of contention raised by original defendant nos.1 to 3 in
their written statement that defendant nos.1 to 3 are legal heirs of late
Dhaklya Wagh who belonged to Caste Warli which is notified as
Scheduled Tribe and suit transaction is in contravention of Sec.36 of
Maharashtra Land Revenue Code and as such same is void. Keeping
in view above contentions raised by original defendant nos.1 to 3, it is
necessary to frame an additional issue. Hence, pass following order.
ORDER
1. Notice of Motion no.1386/19 is partly allowed and following
additional issue is framed.
ADDITIONAL ISSUE
9a) Whether defendant nos.2a to 2d and 3 prove that they belong to
Warli Caste which is notified as Scheduled Tribes and defendant no.1
was belonging to said Community and transaction in question is bad
in law in view of Sec. 36-A of M.L.R. Code ?
Accordingly, Notice of Motion no.1386/19 is disposed off.
Adj for directions 02.05.2019.
L.O.
Plaintiff no.1A in connected Suit No.7600/98 is Senior citizen and in
view of office order No.66 of 2019 dtd.04.04.2019 and also in view
of oral communication from department, said case is to be forwarded
to Court Room no.9 and in view of order of His Lordship
dtd.06.11.2000(In ordinary original Civil Jurisdiction) in Notice of
motion no.202/98, it is ordered that subject matter of both the suits is
the same property, it will be in the interest of justice that suits are
heard together though evidence may be laid separately, therefore this
suit is to be forwarded to C.R.No.9.
Judge
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