Bombay High Court
Sarang Sugandhilal Bora And Others vs The State Of Maharashtra And Others on 22 December, 2023
2023:BHC-AUG:27270
1
13576.19WP+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.13576 OF 2019
1] Mangla Sharad Mutha,
Age: 65 years, Occu. Household,
R/o. 83, Manik Nagar, Nagar-Pune Road,
Ahmednagar, Tal. & Dist. Ahmednagar
Through Power of Attorney Holder,
Ashok Bansilal Mutha,
Age: 74 Years, Occu. Business,
R/o. Maniknagar, Ahmednagar,
Dist. Ahmednagar.
2] Sharad Mansukhlal Mutha,
Since Deceased through LRs
2-A. Mangla Sharad Mutha,
Age: 65 Years, Occu. Household,
R/o. 83, Manik Nagar, Nagar-Pune Road,
Ahmednagar, Tal. & Dist. Ahmednagar
2-B. Nirmal Sharad Mutha,
Age: 38 Years, Occu. Business,
R/o. As above.
2-C. Shilpa Sharad Mutha,
Age: 42 Years, Occu. Household,
R/o. 83, Manik Nagar, Nagar-Pune Road,
Ahmednagar, Tal. & Dist. Ahmednagar
2-D. Seema Paresh Gandhi,
Age: 42 Years, Occu. Household,
R/o. Manik Nagar, Nagar-Pune Road,
Ahmednagar, Tal. & Dist. Ahmednagar
Petitioner Nos.2-A, 2-C and 2-D
Through it's GPA petitioner No.2-B. ..PETITIONERS
2
13576.19WP+
VERSUS
1] State of Maharashtra
Through Ministry of Revenue and
Forest, Mantralaya,
Mumbai-32.
2] Additional Commissioner,
Nasik Division, Nasik
3] Collector,
Ahmednagar
(Copy for Respondents No.1 to 3
To be served on the office of Government
Pleader, High Court of Judicature at Bombay,
Bench at Aurangabad)
4] Chhotibi w/o. Karimbhai
Since Deceased through LRs
4-A. Ahmed Karimbhai Zarekari (Died issueless)
4-B. Imam Karimbhai Zarekari,
Since deceased through LRs
4-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
4-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
4-C. Mariyambi Amir Zaari
Since Deceased through LR
3
13576.19WP+
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
5. Mahadu s/o. Narayan Pawar,
Deceased through LR's
5-A. Smt.Anusaya wd/o. Mahadu Pawar,
Age: 80 years, Occu : Household,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
5-B. Asha w/o. Ganesh Pawar,
Age: 59 years, Occu : Household,
R/o. As above.
5-C. Rahul s/o. Ganesh Pawar,
Age: 35 years, Occu : Agriculture,
R/o. As above.
5-D. Smt. Kusum w/o. Vinayak Pawar,
Age: 57 years, Occu : Agriculture,
R/o. As above.
5-E. Nitin s/o. Vinayak Pawar,
Age: 37 years, Occu. Nil,
R/o. As above.
5-F. Vishal s/o. Vinayak Pawar,
Age: 31 Years, Occu. Agriculture,
R/o. As above.
5-G. Priyanka d/o. Vinayak Pawar,
Age: 25 years, Occu. Nil,
R/o. As above.
5-H. Balwant s/o. Mahadu Pawar,
Age: 54 years, Occu : Agriculture,
4
13576.19WP+
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
6. Hasan Babu Zarekari
Age: 65 years, Occu. Business,
R/o. Burudgaon Road, Bhosle Akhada,
Ahmednagar. .. RESPONDENTS
...
Mr.Mukul S. Kulkarni h/f. Mr.R.R.Sancheti, Advocate for the
petitioners.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent nos.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocates for
respondent nos.5B, 5D, 5F and 5 H.
...
WITH
WRIT PETITION NO.13928 OF 2019
Luniya Munot and Company,
A Registered Partnership Firm,
Duly Registered under the Partnership Act, 1932
Through its Partner,
Rasik Zumbarlal Luniya,
Age: 70 Years, Occu. Business,
R/o. 101, Rahul Apartment,
Burudgaon Road, Ahmednagar. .. PETITIONER
VERSUS
1] State of Maharashtra
Through Ministry of Revenue and
Forest, Mantralaya,
Mumbai-32.
2] Additional Commissioner,
Nasik Division, Nasik
5
13576.19WP+
3] Collector,
Ahmednagar
(Copy for Respondents No.1 to 3
To be served on the office of Government
Pleader, High Court of Judicature at Bombay,
Bench at Aurangabad)
4] Chhotibi w/o. Karimbhai
Since Deceased through LRs
4-A. Ahmed Karimbhai Zarekari (Died issueless)
4-B. Imam Karimbhai Zarekari,
Since deceased through LRs
4-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
4-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
4-C. Mariyambi Amir Zaari
Since Deceased through LR
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
5. Mahadu s/o. Narayan Pawar,
Deceased through LR's
5-A. Smt.Anusaya wd/o. Mahadu Pawar,
Age: 80 years, Occu : Household,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
6
13576.19WP+
5-B. Asha w/o. Ganesh Pawar,
Age: 59 years, Occu : Household,
R/o. As above.
5-C. Rahul s/o. Ganesh Pawar,
Age: 35 years, Occu : Agriculture,
R/o. As above.
5-D. Smt. Kusum w/o. Vinayak Pawar,
Age: 57 years, Occu : Agriculture,
R/o. As above.
5-E. Nitin s/o. Vinayak Pawar,
Age: 37 years, Occu. Nil,
R/o. As above.
5-F. Vishal s/o. Vinayak Pawar,
Age: 31 Years, Occu. Agriculture,
R/o. As above.
5-G. Priyanka d/o. Vinayak Pawar,
Age: 25 years, Occu. Nil,
R/o. As above.
5-H. Balwant s/o. Mahadu Pawar,
Age: 54 years, Occu : Agriculture,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
6. Hasan Babu Zarekari
Age: 65 years, Occu. Business,
R/o. Burudgaon Road, Bhosle Akhada,
Ahmednagar. .. RESPONDENTS
...
Mr.Anand P. Bhandari h/f. Mr.R.R.Sancheti, Advocate and
Mr.Rohit R.Kakani, Advocate for the petitioner.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent nos.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
7
13576.19WP+
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.5B, 5D, 5F and 5H
...
WITH
WRIT PETITION NO.3760 OF 2021
Rasik Zumbarlal Luniya,
Age: 70 Years, Occu. Business,
R/o. 101, Rahul Apartment,
Burudgaon Road, Ahmednagar. .. PETITIONER
VERSUS
1] State of Maharashtra
Through Ministry of Revenue and
Forest, Mantralaya,
Mumbai-32.
2] Additional Commissioner,
Nasik Division, Nasik
3] Collector,
Ahmednagar
(Copy for Respondents No.1 to 3
To be served on the office of Government
Pleader, High Court of Judicature at Bombay,
Bench at Aurangabad)
4] Chhotibi w/o. Karimbhai
Since Deceased through LRs
4-A. Ahmed Karimbhai Zarekari (Died issueless)
4-B. Imam Karimbhai Zarekari,
Since deceased through LRs
4-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
8
13576.19WP+
R/o. Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
4-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
4-C. Mariyambi Amir Zaari
Since Deceased through LR
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
5. Mahadu s/o. Narayan Pawar,
Deceased through LR's
5-A. Smt.Anusaya wd/o. Mahadu Pawar,
Age: 80 years, Occu : Household,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
5-B. Asha w/o. Ganesh Pawar,
Age: 59 years, Occu : Household,
R/o. As above.
5-C. Rahul s/o. Ganesh Pawar,
Age: 35 years, Occu : Agriculture,
R/o. As above.
5-D. Smt. Kusum w/o. Vinayak Pawar,
Age: 57 years, Occu : Agriculture,
R/o. As above.
5-E. Nitin s/o. Vinayak Pawar,
Age: 37 years, Occu. Nil,
R/o. As above.
9
13576.19WP+
5-F. Vishal s/o. Vinayak Pawar,
Age: 31 Years, Occu. Agriculture,
R/o. As above.
5-G. Priyanka d/o. Vinayak Pawar,
Age: 25 years, Occu. Nil,
R/o. As above.
5-H. Balwant s/o. Mahadu Pawar,
Age: 54 years, Occu : Agriculture,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
6. Hasan Babu Zarekari
Age: 65 years, Occu. Business,
R/o. Burudgaon Road, Bhosle Akhada,
Ahmednagar.
7. Mamulabai Mehboobbhai Zarekari,
Since Deceased through LRs
7-A. Ahmed Karimbhai Zarekari (Died issueless)
7-B. Imam Karimbhai Zarekari,
Since deceased through LRs
7-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
7-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
7-C. Mariyambi Amir Zaari
Since Deceased through LR
10
13576.19WP+
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
8. Babu Sagulal Zarekari,
Since Deceased through LRs
8-A. Rehmatbi Lala Zarekari,
Age: Major, Occu. Household,
8-B. Niyamatbi Bashir Shaikh,
Age: Major, Occu. Household.
8-C. Salimabee Babu Zarekari,
Age: Major, Occu.Household
8-D. Akbar Babu Zarekari,
Age: Major, Occu. Business.
8-E. Hasan Babu Zarekari,
Age: Major, Occu. Business
8-F. Raziya Gulam Mohammad Sayyad,
Age: Major, Occu. Household,
All R/o. Bhosale Akhada, Burudgaon Road,
Ahmednagar, Tal. & Dist. Ahmednagar.
9. Rangnath Yashwant Pandit,
Since Deceased through LRs
9-A. Dilip Jagannath Pandit,
Age: Major, Occu. Business,
R/o. Burudgaon Road, Siddhi Vinayak Colony,
In front of ITI, Ahmednagar.
9-B. Dr.Ashok Jagannath Pandit,
Age: Major, Occu. Medical Practitioner,
11
13576.19WP+
R/o. Pandit Hospital, Bhingar,
Ahmednagar, Tal. & Dist. Ahmednagar.
10. Bhaskar Pandurang Hiwale
Died Through Lrs
10-A. Dr.Sarla J. Banabas
Age: Major, Occu. Household,
R/o. Ahmednagar College Ahmednagar
Tq. & Dist. Ahmednagar.
10-B. Dr.Manorama T. Barnabas Died
Age: Major, Occu. Household.
10-C. Dr. Vimal Bhagat Died
11. Sakaram Mahadev Misal Died
Through Lrs.
11-A. Balasaheb (Balkrushna) Sakaram Misal
Died Through LR.s
11.A-1 Nandkumar Balkrushna Misal
11-A-2 Anil Balkrushna Misal
11-A-3. Ganesh Balkrishna Misal
11-A-4. Shakuntala Balkrushna Misal
All Major Occu : Agri
R/o. House No. 5001, Baratuti Karnga,
Maliwada Ahmednagar, Tq. & Dist.Ahmednagar
11-B. Vithal Sakaram Misal Died
Through LR.s
11-B.1 Suvarna Suresh Borade
Age: Major, Occu. Household,
12
13576.19WP+
R/o. Baratuti Karnga, Maliwada
Ahmednagar, Tq. & Dist. Ahmednagar
11-B.2 Reshma Rajendra Dahiwale
Age: Major, Occu. Agri.
R/o. Lonidhami Tq : Ambegaon, Dist.Pune
11-B.3 Rohini Balasaheb Mound
Age: Major, Occu. Household,
R/o. Bartuti Karnga, Maliwada
Ahmednagar, Tq. & Dist. Ahmednagar
12. Ramchandra Gopinath Misal Died
Through LR.s
12A. Vithal Ramchandra Misal,
Age: Major, Occu. Agri
R/o. Jadhav Wada Tange Galli, Nalegaon
Ahmednagar, Tq. & Dist. Ahmednagar.
12-B. Keshav Ramchandra Misal,
Age: Major, Occu. Agri.
R/o. Agarkar Galli Akole
Tq. & Dist. Ahmednagar
12-C. Vasant Ramchandra Misal Died
Through LR.s
12-C.1 Vilas Vasant Misal,
Age : Major, Occu. Agri
R/o. KalaPahad Rangerhatti Paithan
Tq. Paithan, Dist. Aurangabad.
12-C.2 Chandrshekar Vasant Misal
Age: Major, Occu. Agri
R/o. Datta Chowk, Karalemala, Bhusahn nagar
Tandele Complex 15 August Colony, Ahmednagar
13. Laxman Sitaram Bhosale Deceased
Through Lr.s
13
13576.19WP+
13-A. Haribhau Laxman Bhosale Deceased
Through Lr.s
13-A.1 Pragayabai Haribhau Bhosale
13-A.2 Sudhagar Haribhau Bhosale
13-A.3. Suresh Haribhau Bhosale
13-A.4. Balasaheb Haribhau Bhosale
13-A.5. Kailas Haribhau Bhosale
13-A.6. Rekha Manikrao Khaire
All Major, Occ : Agri
R/o. Burudgaon road, Chauremala Ahmednagar
Tq. & Dist. Ahmednagar.
13-B. Murlidhar Laxman Bhosale Deceased
Through L.R.s
13-B.1 Vacchalabai Murlidhar Bhosale
13-B.2. Ashok Murlidhar Bhosale Deceased
Through L.R.s
13-B.2.1. Suvarna Ashok Bhosale
13-B.2.2. Dipali Umesh Jadhav
All R/o. Pandhav Nagar Colony No.3
Chkrapani road, in front of Ganesh Super
Market, Bhosari, Pune.
13-B.2.3. Komal Swapnil Darekar
Age Major, Occ : Household,
R/o. Sahajpurphata, Dound,
Tq. Dound Dist. Pune.
14
13576.19WP+
13-B-2.4. Subhada Akshay Satav
Age : Major, Occ : Household,
R/o. Survey No.48/4, Lane No.11,
Ganeshnagar, Vadgaon Sheri, Pune
13-B-2.5. Prasad Ashok Bhosale
Age Major, Occu : Agri
R/o. Bhosale Akhada, Burudgaon Road,
Ahmednagar.
13-B.3. Rajendra Murlidhar Bhosale
13-B-4. Meena Mohan Khaire
Both Major, Occ : Agri
R/o. Burudgaon Road, In front of ITI,
Khaire Chal Ahmednagar
13-B.5. Sadhana Dattatray Satav
Age Major, Occu : Agri.
R/o. Survey No.48/4, Lane No.11,
Ganeshnagar, Vadgaon Sheri, Pune
13-C. Pundlik Laxman Bhosale Deceased
Through LRS
13-C.1. Laxmibai Pundlik Bhosale
13-C-2. Ganesh Pundlik Bhosale
Both Major, Occ:Agri.
R/o. Gurukunj bangle, Sainagar,
Burudgaon road, Ahmednagar.
13-C-3. Bibiutai Pandiorrao Khaire
Age Major, Occu : Housewife
R/o. Kinetic Chowk, Near Udhanpul,
Khairechal Ahmednagar
13-C-4. Chhayatai Kumar Khobre
15
13576.19WP+
Age Major Occu : Housewife
R/o. Bhosale Akadha, Burudgaon Road,
Ahmednagar.
13-D. Janardhan Laxman Bhosale
Deceased through LR.s
13-D.1. Hirabai Janardhan Bhosale
13-D.2. Sanjay Janardhan Bhosale
Deceased Though LR.s
13-D-2.1. Surekha Sanjay Bhosale
13-D-2.2. Vaibhavi Sanjay Bhosale
13-D-2.3. Shubham Sanjay Bhosale
All Major, Occ : Agri
R/o. Bhosale Akadha Burudgaon Road
Ahmednagar.
13-D.3. Rajendra Janardhan Bhosale
Age Major, Occu : Agri
R/o. Ashirwad Bangla, Anand Nagar,
Malhar Chowk, Station Road,
Ahmednagar.
13-D.4. Jayshree Bhagwat Wagh
Age Major, Occ : Housewife
R/o. Flat No.H-1, 705, Manik Moti Building
Katraj Pune
13-D.5. Rajshree Balasaheb Salunke
Age Major, Occ : Agri
R/o. D-4, Radhika Residency, Ayemata Mandir,
Pune Mumbai Road, Dhapoli, Pune
Ahmednagar. .. RESPONDENTS
16
13576.19WP+
...
Mr.Anand P. Bhandari h/f. Mr.Patodi Rajat V. Advocate for
the petitioner.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent nos.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.5B, 5D, 5F and 5H
...
WITH
WRIT PETITION NO.14787 OF 2019
Smt. Imratbai Vijaykumar Munot,
Age: 72 Years, Occu : Household,
R/o. Plot No. G-9 & G-10, Manik Nagar,
Chandan Estate, Ahmednagar. .. PETITIONER
VERSUS
1] The State of Maharashtra
Through Revenue & Forest Department,
Mantralaya, Mumbai-32.
2] The Divisional Commissioner, Nashik,
Division Nashik.
3] The Collector,
Ahmednagar, Dist. Ahmednagar.
(Copy to be served on Government Pleader
Bombay High Court Bench at Aurangabad)
4] Chotibi Mard Karimbhai
Since deceased Through Legal L.Rs.
4-A. Ahmed Karimbhai Zarekari
Since deceased Through without any L.Rs.
17
13576.19WP+
4-B. Imam Karimbhai Zarekari,
Since deceased Through L.Rs.
4-B-1 Shaikh Kaisar Jaha Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
Infront of old Bus Stand, Jamkhed,
Tq. Jamkhed, Dist. Ahmednagar.
4-B-2.Shaikh Israt Imam
Age: Major, Occu. Household,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
4-C. Mariyambi Amir Zari
Deceased through L.Rs.
4-C-1.Shaikh Sadik Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandharpur,
Dist. Solapur.
5. Mahadu Narayan Pawar,
Deceased Through L.Rs.
5-A. Anusayabai Mahadev Pawar,
Age: Major, Occu : Household,
5-B. Asha Ganesh Pawar,
Age: Major, Occu : Household
5-C. Rahul Ganesh Pawar,
Age: Major, Occu : Business.
5-D. Kusum Vinayak Pawar,
Age: Major, Occu. Household.
5-E. Nitin Vinayak Pawar,
Age: Major, Occu : Business
18
13576.19WP+
5-F. Vishal Vinayak Pawar,
Age: Major, Occu. Business
5-G. Priyanka Vinayak Pawar,
Age: Major, Occu. Household.
5-H. Balwant @ Balasaheb Mahadev Pawar,
Age : Major, Occu : Household,
No.2A to 2H R/o. Manik Nagar, Ahmednagar
6. Hasan Babu Zarekari
Age: Major, Occu. Business,
R/o. Burundgaon Road, Bhosle Akhada,
Ahmednagar.
7. Mamulabai Mard Mehbubbhai
Deceased through L.Rs.
7-A. Ahmad Karimbhai Zarekari,
Deceased Through without any L.Rs.
7-B. Imam Karimbhai Zarekari,
Deceased Through L.Rs.
7-B-1 Shaikh Kaisar Jaha Imam
Age: Major, Occu. Business,
R/o. Khan Engineering Works,
Infront of Old Bus Stand, Jamkhed,
Tq. Jamkhed, Dist. Ahmednagar.
7-B-2.Shaikh Israt Imam
Age: Major, Occu. Household,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
7-C. Mariyambi Amir Zari
Deceased Through L.Rs.
7-C-1 Shaikh Sadik Amir
19
13576.19WP+
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandharpur,
Dist. Solapur.
8. Babu Sagulal Zarekari,
Deceased Through L.Rs.
8-A. Rahematbi Lala Zarekari,
Age : Major, Occu. Household
8-B. Niyamatbi Bashir Shaikh,
Age : Major, Occu. Household.
8-C. Salimabi Babu Zarekari,
Age: Major, Occu. Household
8-D. Akbar Babu Zarekari,
Age: Major, Occu.
8-E. Hasan Babu Zarekari,
Age: Major, Occu.
8-F. Raziya Gulam Mohammad Syed,
Age: Major, Occu. Household,
8A to 8F R/o. Burudgaon Road,
Bhosle Akhada, Ahmednagar
9. Rangnath Yashwant Pandit
Deceased Through L.Rs.
9-A. Dilip Jagannath Pandit,
Age: Major, Occu. Business,
R/o. Burudgaon Road, Sidhi Vinayak Colony,
Infront of ITI, Ahmednagar.
9-B. Dr.Ashok Jagannath Pandit,
R/o. Pandit Hospital, Bhingar,
Ahmednagar.
20
13576.19WP+
10. Bhaskar Pandurang Hiwale
Deceased Through L.Rs.
10-A. Dr. Sarla J. Barnabas
Age: Major, Occu. Service
10-B. Dr.Manorma T. Barnbas
Deceased.
10-C. Dr. Vimal Bhagat
Deceased
No. 10A R/o. Ahmdnagar College,
Ahmednagar.
11. Sakharam Mahadev Misal,
Deceased Through L.Rs.
11-A. Balasaheb Sakharam Misal,
Deceased Through L.Rs.
11.A-1 Nandkumar Balkrushna Misal
Age : Major, Occu : Business
11-A-2 Anil Balkrushna Misal
Age : Major, Occu : Business
11-A-3. Ganesh Balkrushna Misal,
Age : Major, Occu : Business
11-A-4. Smt. Shakuntala Balkrushna Misal,
Age : Major, Occu : Household.
Rsp.No.11-A-1 to 11-A-4
R/o. House No. 5001, Baratoti Karanja,
Maliwada Ahmednagar
11-B. Vitthal Sakharam Misal
Deceased Through L.Rs.
11-B.1 Sau.Suvarna Suresh Borade
21
13576.19WP+
Age: Major, Occu. Household,
R/o. Baratoti Karanja, Maliwada
Ahmednagar
11-B.2 Sau. Reshma Rajendra Dahiwale
Age: Major, Occu. Household,
R/o. Loni Dhamni Tq : Ambegaon,
Dist.Pune
11-B.3 Sau. Rohini Balasaheb Maid
Age: Major, Occu. Household,
R/o. Baratoti Karanja, Maliwada
Ahmednagar
12. Ramchandra Gopinath Misal,
Deceased Through L.Rs.
12-A. Vitthal Ramchandra Misal,
Age: Major, Occu. Business,
R/o. Jadhavwadi, Tangegalli, Nalegaon
Ahmednagar
12-B. Keshavram Ramchandra Misal,
Age: Major, Occu.
R/o. Aagarkar Galli, Akole,
Tq. Akole, Dist. Ahmednagar
12-C. Vasant Ramchandra Misal
Deceased Through L.Rs.
12-C.1 Vilas Vasant Misal,
Age : Major, Occu. Business,
R/o. Kalapahad, Rangarhatti Paithan
Tq. Paithan, Dist. Aurangabad.
12-C.2 Chandrashekhar Vasant Misal
Age: Major, Occu. Business,
R/o. Datta Chowk, Karale Mala,
Bhushan Nagar, Tandale Complex
Plot No.102A, 15 August Colony, Ahmednagar
22
13576.19WP+
13. Laxman Sitaram Bhosale
Deceased Through L.Rs.
13-A. Haribhau Laxman Bhosle
Deceased Through L.Rs.
13-A.1 Prayagabai Haribhau Bhosle
Age : Major, Occu : Household
13-A.2 Sudhakar Haribhau Bhosle
Age : Major, Occu : Business
13-A.3. Suresh Haribhau Bhosle
Age : Major, Occu : Business
13-A.4. Balasaheb Haribhau Bhosle
Age : Major, Occu : Business.
13-A.5. Kailas Haribhau Bhosle
Age : Major, Occu : Business.
13-A.6. Rekha Manikrao Khaire
Age : Major, Occu : Household,
Resp. No.13A-1 to 13A-6
R/o. Burudgaon road,
Chaurmala, Ahmednagar
13-B. Murlidhar Laxman Bhosle
Deceased Through L.Rs.
13-B.1 Vachhalabai Murlidhar Bhosle
Age : Major, Occu : Household
R/o. Bhosle, Akhada, Burudgaon Road,
Ahmednagar.
13-B.2. Ashok Murlidhar Bhosle
Deceased Through L.Rs
23
13576.19WP+
13-B.2.1. Suvarna Ashok Bhosle
Age : Major, Occu : Household,
R/o. Bhosle Akhada, Burudgaon Road,
Ahmednagar.
13-B.2.2. Sau. Dipali Umesh Jadhav
Age : Major, Occu : Household,
R/o. Pandhav Nagar Colony No.3
Chakrapani road, in front of Ganesh Super
Market, Bhosri, Pune.
13-B.2.3. Sau. Komal Swapnil Darekar
Age Major, Occu : Household,
R/o. Sahajpur phata, Daund,
Tq. Daund Dist. Pune.
13-B-2.4. Sau. Subhada Akshay Satav
Age : Major, Occu : Household,
R/o. Survey No.48/4, Lane No.11,
Ganesh Nagar, Wadgaon Sheri, Pune
13-B-2.5. Prasad Ashok Bhosle
Age Major, Occu : Business,
R/o. Bhosle Akhada, Burudgaon Road,
Ahmednagar.
13-B.3. Rajendra Murlidhar Bhosle
Age : Major, Occu. Business.
13-B-4. Mina Mohan Khaire
Age Major, Occu : Household,
Resp. No.13-B-3 to 13-B-4
R/o. Burudgaon Road, Infront of ITI,
Khaire Chal Ahmednagar
13-B.5. Sadhana Dattatray Satav
Age Major, Occu : Household,
R/o. Survey No.48/4, Lane No.11,
Ganesh Nagar, Wadgaon Sheri, Pune
24
13576.19WP+
13-C. Pundlik Laxman Bhosle
Deceased Through L.Rs.
13-C.1. Laxmibai Pundlik Bhosle
Age : Major, Occu. Household.
13-C-2. Ganesh Pundlik Bhosle
Age : Major, Occu. Business,
Resp. No.13-C-1 to 13-C-2
R/o. Gurukunj Bungla, Sainagar,
Burudgaon Road, Ahmednagar.
13-C-3. Bebitai Panditrao Khaire
Age Major, Occu : Household,
R/o. Kainetik Chowk, Beside Over Bridge,
Khaire Chal, Ahmednagar
13-C-4. Sau. Chayatai Kumar Khobare
Age Major Occu : Household,
R/o. Bhosle Akhada, Burudgaon Road,
Ahmednagar.
13-D. Janardan Laxman Bhosle
Deceased Through L.Rs
13-D.1. Hirabai Janardan Bhosle
Age : Major, Occu : Household,
13-D.2. Sanjay Janardhan Bhosle
Deceased Though L.Rs
13-D-2.1. Surekha Sanjay Bhosle
Age : Major, Occu : Household
13-D-2.2. Vaibhavi Sanjay Bhosle
Age : Major, Occu : Household.
25
13576.19WP+
13-D-2.3. Subham Sanjay Bhosle
Age : Major, Occu : Household.
Resp.No.13-D-1, 13D-2-1 to 13-D-2-3
R/o. Bhosle Akhada, Burudgaon Road
Ahmednagar.
13-D.3. Rajendra Janardan Bhosle
Age Major, Occu : Business,
R/o. Ashirwad Bungla, Anand Nagar,
Malhar Chowk, Station Road,
Ahmednagar.
13-D.4. Sau. Jaishri Bhagwat Wagh
Age Major, Occ : Household,
R/o. Flat No.H-1, 705, Manikmoti Building
Katraj Pune
13-D.5. Sau. Rajshri Balasaheb Salunkhe
Age Major, Occu : Household,
R/o. D-4, Radhika Residency, Aaimata Mandir,
Pune-Mumbai Road, Dhapoli, Pune
.. RESPONDENTS
...
Mr.Amol K. Gawali, Advocate for the petitioner.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent nos.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.5B, 5D, 5F and 5H
...
WITH
WRIT PETITION NO.13927 OF 2019
1. Sarang Sugandhilal Bora,
Age: 56 Years, Occu. Business,
2. Sandip Sugandhilal Bora,
Age: 50 Years, Occu. Business,
26
13576.19WP+
3. Suhas Sugandhilal Bora,
Age: 54 Years, Occu. Business,
All R/o Parshwanath Colony,
Kothi Road, Ahmednagar,
Tal & Dist:Ahmednagar PETITIONERS
VERSUS
1. The State of Maharashtra
THROUGH: The Secretary,
Revenue and Forest Department,
Mantralaya, Mumbai-32
2. The Commissioner, Nasik Division,
Nasik
3. The Collector, Ahmednagar,
Dist:Ahmednagar
4. Chhotibi W/o Karimbhai
Since Deceased through LRs
4-A. Ahmed Karimbhai Zarekari (Died issueless)
4-B. Imam Karimbhai Zarekari,
Since Deceased through LRs
4-B-1) Sk. Kaisar Jahan Imam
Age: Major, Occu. Business,
R/o Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar
4-B-2) Sk. Israt Imam
Age: Major, Occu. Business,
R/o Mukund Nagar, Aman Colony,
Ahmednagar
27
13576.19WP+
4-C) Mariyambi Amir Zaari
Since Deceased through LR:
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o Tanaji Chowk, Pandharpur,
Dist. Solapur
Respondents No.4A to 4C are also legal heirs of late
Respondent Mamulabi
5. Mahadu S/o Narayan Pawar,
Deceased through LR's,
5-A. Smt. Anusaya wd/o Mahadu Pawar,
Age: 80 years, Occu: Household,
R/o Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
5-B) Asha W/o Ganesh Pawar,
Age: 59 years, Occu: Household, R/o As above
5-C) Rahul S/o Ganesh Pawar,
Age: 35 years, Occu: Agriculture, R/o As above
5-D) Smt. Kusum w/o Vinayak Pawar,
Age: 57 years, Occu: Agriculture, R/o As above
5-E) Nitin S/o Vinayak Pawar,
Age: 37 years, Occu. Nil.
R/o As above
5-F). Vishal S/o Vinayak Pawar,
Age: 31 years, Occu: Agriculture,
R/o As above
5-G). Priyanka D/o Vinayak Pawar,
Age: 25 years, Occu. Nil, R/o As above
5-H) Balwant S/o Mahadu Pawar,
28
13576.19WP+
Age: 54 years, Occu: Agriculture,
R/o Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar
6. Hasan Babu Zarekari,
Age: 65 Years, Occu. Business,
R/o Burudgaon Road, Bhosle Akhada, Ahmednagar
7. Mamulabai Mehboobbhai Zarekari,
Since Deceased, Thro' LRs Resp No.4A to 4C:
8. Babu Sagulal Zarekari,
Since Deceased through LRs
8-A. Rehmatbi Lala Zarekari,
Age: Major, Occu. Household,
8-B.) Niyamatbi Bashir Shaikh,
Age: Major, Occu. Household
8-C) Salimabee Babu Zarekari,
Age: Major, Occu. Household,
8-D) Akbar Babu Zarekari,
Age: Major, Occu. Business,
8-E) Hasan Babu Zarekari,
Age: Major, Occu. Business
(He is also Respondent No.6)
8-F) Raziya Gulam Mohammad Sayyad,
Age: Major, Occu. Household,
All R/o Bhosale Akhada, Burudgaon Road,
Ahmednagar, Tal. & Dist. Ahmednagar
9. Rangnath Yashwant Pandit,
Since Deceased through LRS
9-A. Dilip Jagannath Pandit,
29
13576.19WP+
Age: Major, Occu. Business,
R/o Burudgaon Road, Siddhi Vinayak Colony,
In front of ITI, Ahmednagar
9-B) Dr.Ashok Jagannath Pandit,
Age: Major, Occu. Medical Practitioner,
R/o Pandit Hospital, Bhingar,
Ahmednagar, Tal. & Dist. Ahmednagar
10. Bhaskar Pandurang Hiwale Died
Through LRs
10.A Dr. Sarla J Banabas
Age: Major, Occu. Household.
R/o Ahmednagar college Ahmednagar
Tq & Dist: Ahmednagar
10.B Dr.Manorama T. Barnabas Died
Age: Major, Occu. Household
10.C Dr.Vimal Bhagat Died
11. Sakaram mahadev Misal Died
Through LRs:
11.A Balasaheb (Balkrushna) Sakaram Misal
Died Through LR.s
11.A-1 Nandkumar Balkrushna Misal
11.A.2 Anil Balkrushna Misal
11.A.3 Ganesh Balkrushna Misal
11.A.4 Shakuntala Balkrushna Misal
All Major Occ: Agri, R/o House No.5001,
Baratuti Karanja, Maliwada
Ahmednagar TQ & Dist: Ahmednagar
30
13576.19WP+
11.B Vithal Sakaram Misal Died
Through LR.s
11.B.1 Suvarna Suresh Borade
Age: Major, Occu. Household
R/o, Baratuti Karanja, Maliwada
Ahmednagar TQ & Dist: Ahmednagar
11.B.2 Reshma Rajendra Dahiwale
Age: Major, Occu. Agri
R/o Lonidhami Tq: Ambegaon,
Dist Pune
11.B.3 Rohini Balasaheb Mound
Age: Major, Occu. Household
R/o, Bartuti Karanja, Maliwada
Ahmednagar TQ & Dist: Ahmednagar
12. Ramchandra Gopinath Misal Died
Through LR.s
12.A Vithal Ramchandra Misal
Age: Major, Occu. Agri
R/o Jadhav Wada Tange Galli Nalegaon
Ahmednagar, TQ & Dist Ahmednagar
12.B Keshav Ramchandra Misal
Age: Major, Occu. Agri
R/o Agarkar Galli Akole
TQ & Dist Ahmednagar
12.C Vasant Ramchandra Misal Died
Through LR.s
12.C.1 Vilas vasant Misal
Age: Major, Occu. Agri
R/o KalaPahad Rangerhatti Paithan
Tq: Paithan Dist Auranagbad
12.C.2 Chandrshekar Vasant Misal
31
13576.19WP+
Age: Major, Occu. Agri
R/o Datta chowk, karalemala, Bhusahn nagar
Tandele Complex 15 August Ahmednagar,
TQ & Dist Ahmednagar Colony
13. Laxman Sitaram Bhosale Deceased
Through Lr.s
13.A Haribhau Laxman Bhosale Deceased
Through Lr.s
13.A.1 Pragayabai Haribhau Bhosale
13.A.2 Sudhagar Haribhau Bhosale
13.A.3 Suresh Haribhau Bhosale
13.A.4 Balasaheb Haribhau Bhosale
13.A.5 Kailas Haribhau Bhosale
13.A.6 Rekha Manikrao Khaire
All Major Occ: Agri, R/o Burudgaon road,
Chauremala Ahmednagar, TQ & Dist Ahmednagar
13.B Murlidhar Laxman Bhosale Deceased
Through L.R.s
13.B.1 Vacchalabai Murlidhar Bhosale
13.B.2 Ashok Murlidhar Bhosale
Deceased Through L.R.s
13.B.2.1 Suvarna Ashok Bhosale
13.B.2.2 Dipali Umesh Jadhav
All Major, R/o PandhavNagar colony No.3
Chakrapani road, in front of Ganesh super market,
Bhosari, Pune
32
13576.19WP+
13.B.2.3 Komal Swapnil Darekar
Age Major Oce: Household
R/o Sahajpurphata, Dound,
Tq: Dound Dist Pune
13.B.2.4 Subhada Akshay Satav
Age Major Occ: Household
R/o Survey No.48/4, lane No. 11,
Ganeshnagar, Vadgaon Sheri, Pune
13.B.2.5 Prasad Ashok Bhosale
Age Major Occ; Agri
R/o Bhosale Akhada, Burudgaon Road
Ahmednagar
13.B.3 Rajendra Murildhar Bhosale
Age:Major, Occ: Agri., R/o.As above.
13.B.4 Meena Mohan Khaire
Both Major Occ:Agri,
R/o Burudgaon Road, In Front Of ITI,
Khaire Chal Ahmednagar
13.B.5 Sadhana Dattatray Satav
Age Major Occ; Agri
R/o Survey No.48/4, lane No. 11,
Ganeshnagar, Vadgaon Sheri, Pune
13.C Pundlik Laxman Bhosale Deceased
Through LRS
13.C.1 Laxmibai Pundlik Bhosale
Age Major Occ; Household
13.C.2 Ganesh Pundlik Bhosale
Both Major Occ:Agri
Both 13.C1 and C2 are R/o Gurukunj Bangle, Sainagar,
Burudgaon road Ahmednagar
33
13576.19WP+
13.C.3 Bibiutai Panditrao Khaire
Age Major Occ: Housewife
R/o Kinetic Chowk, Near Udhanpul,
Khairechal Ahmednagar
13.C.4. Chhayatai Kumar Khobre
Age Major Occ: Housewife
R/o Bhosale Akadha Burudgaon Road
Ahmednagar
13.D Janardhan Laxman Bhosale Deceased
Through LR.s
13.D.1 Hirabai Janardhan Bhosale
Age Major Occ Household, R/o. As Resp
No.13.D2/3
13.D.2 Sanjay Janardhan Bhosale Deceased
Through LR.s
13.D.2.1 Surekha Sanjay Bhosale
13.D.2.2 Vaibhavi Sanjay Bhosale
Both Age: Major, Occ: Household, R/o.13.D2/3
13.D.2.3 Shubham Sanjay Bhosale
Age: Major, Occ:Agri
R/o Bhosale Akadha Burudgaon Road
Ahemadnagar
13.D.3 Rajendra Janardhan Bhosale
Age Major Occ: Agri
R/o Ashirwad Bangla, Anand Nagar,
Malhar Chowk, Ahemadnagar Station road
Ahemadnagar.
13.D.4 Jayshree Bhagwat Wagh
Age major Occ: Housewife
34
13576.19WP+
R/o Flat No. H-1, 705 Manik Moti
Building, Katraj, Pune.
13.D.5 Rajshree Balasaheb Salunke
Age Major Occ: Agri
R/o D-4 Radhika Residency Ayemata
mandir, Pune Mumbai road, Dhapoli Pune
.. RESPNODENTS
Note: Respondent no. 4-B to 4-C and 6 are the only persons
concerned with land Survey No. 50/4 and therefore, notice
need not be issued to remaining respondents for the
present.
...
Mr.Vijay B. Munot, Advocate for the petitioners.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent nos.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.5B, 5D, 5F and 5H
...
WITH
WRIT PETITION NO.13704 OF 2019
M/s. Chandan Estate,
Through Its Partners,
1. Kishor Hastimal Munot,
Age: 62 years, Occu : Business,
R/o. Chaul, Plot No.202,
Keshar Gulab Cotton Processor Compound,
Station Road, Ahmednagar.
2. Mrs. Ujwala M. Shaha
Age : 70 Years, Occu. Household,
R/o. Wakad, Pune-57.
35
13576.19WP+
3. Vikas Shantilal Bhandari (HUF)
Age : 74 years, Occu. Business,
R/o. G-3, Eco Tower,
Baner-Pashan Link Road, Baner,
Pune-411045.
4. Shailesh Bhandari
Age: 52 Years, Occu. Business,
R/o. A-3, Abhimanshri Socety,
Pashan, Pune. .. PETITIONERS
VERSUS
1] State of Maharashtra
Through Ministry of Revenue and
Forest, Mantralaya,
Mumbai-32.
2] Additional Commissioner,
Nasik Division, Nasik
3] Collector,
Ahmednagar
(Copy for Respondents No.1 to 3
To be served on the office of Government
Pleader, High Court of Judicature at Bombay,
Bench at Aurangabad)
4] Chhotibi w/o. Karimbhai
Since Deceased through LRs
4-A. Ahmed Karimbhai Zarekari (Died issueless)
4-B. Imam Karimbhai Zarekari,
Since deceased through LRs
4-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
36
13576.19WP+
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
4-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
4-C. Mariyambi Amir Zaari
Since Deceased through LR
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
5. Mahadu s/o. Narayan Pawar,
Deceased through LR's
5-A. Smt.Anusaya wd/o. Mahadu Pawar,
Age: 80 years, Occu : Household,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
5-B. Asha w/o. Ganesh Pawar,
Age: 59 years, Occu : Household,
R/o. As above.
5-C. Rahul s/o. Ganesh Pawar,
Age: 35 years, Occu : Agriculture,
R/o. As above.
5-D. Smt. Kusum w/o. Vinayak Pawar,
Age: 57 years, Occu : Agriculture,
R/o. As above.
5-E. Nitin s/o. Vinayak Pawar,
Age: 37 years, Occu. Nil,
R/o. As above.
37
13576.19WP+
5-F. Vishal s/o. Vinayak Pawar,
Age: 31 Years, Occu. Agriculture,
R/o. As above.
5-G. Priyanka d/o. Vinayak Pawar,
Age: 25 years, Occu. Nil,
R/o. As above.
5-H. Balwant s/o. Mahadu Pawar,
Age: 54 years, Occu : Agriculture,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
6. Hasan Babu Zarekari
Age: 65 years, Occu. Business,
R/o. Burudgaon Road, Bhosle Akhada,
Ahmednagar. .. RESPONDENTS
...
Mr.Anand P. Bhandari, Advocate for the petitioners.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent no.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocates for
respondent nos.5B, 5D, 5F and 5H
...
WITH
WRIT PETITION NO.14790 OF 2019
Mahadeo Shankarrao Holay,
Age: 64 years, Occ. Agri. & Business,
R/o. Shrikrushnanagar, Shriram Chowk,
Pipeline Road, Ahmednagar,
Tal. & District Ahmednagar. .. PETITIONER
VERSUS
1] State of Maharashtra
38
13576.19WP+
Through Ministry of Revenue & Forest,
Mantralaya, Mumbai-32.
2] Additional Divisional Commissioner,
Nashik Division Nashik.
3] The District Collector,
Ahmednagar
(Copy for Respondent no.1 to 13
To be served on the office of Government Pleader,
High Court of Judicature at Bombay,
Bench at Aurangabad)
4] Chotibi w/o. Karimbhai (Deceased)
Through her Legal heirs.
4A. Ahmed Karimbhai Zharekari (Deceased),
Legal Heirs - Nil.
4B. Imam Karimbhai Zharekari (Deceased),
Through Legal heirs.
4B-1. Shaikh Kaisar Jaha Imam
Age: Major, Occ. Agri.
R/o. Khan Engineering Works,
Opp.old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
4B-2. Shaikh Irat Imam,
Age: Major, Occu. Agri.,
R/o. Mukund Nagar, Man Colony,
Ahmednagar, Dist.Ahmednagar.
4C. Mariambi Amir Zhari (Deceased),
Through Legal Heirs.
Shaikh Sadik Amir,
Age: Major, Occ.Agri.,
39
13576.19WP+
R/o. Tanaji Chowk, Pandharpur,
District Solapur.
5. Mahadu Narayan Pawar (deceased),
Through legal heirs.
5A. Anusayabai Mahadev Pawar,
Age: Major, Occ. Agri.,
R/o. Maniknagar, Ahmednagar,
Tal. & District Ahmednagar.
5B. Asha Ganesh Pawar,
Age: Major, Occ. Agri.,
R/o. As above.
5C. Rahul Ganesh Pawar,
Age: Major, Occ. Agri.,
R/o. As above.
5D. Kusum Vinayak Pawar,
Age: Major, Occ. Agri.,
R/o. As above.
5E. Nitin Vinayak Pawar,
Age: Major, Occ. Agri.,
R/o. As above.
5F. Vishal Vinayak Pawar,
Age: Major, Occ. Agri.,
R/o. As above.
5G. Priyanka Vinayak Pawar,
Age: Major, Occ. Agri.,
R/o. As above.
5H. Balwant @ Balasaheb Mahadev Pawar,
Age: Major, Occ. Agri.,
R/o. As above.
40
13576.19WP+
6. Hasan Babu Zharekari
Age: Major, Occ. Agri.,
R/o. Burundgaon Road, Bhosle Akhada,
Ahmednagar, Dist. Ahmednagar.
7. Mamulabai w/o. Mehboobbhai (deceased)
Through Legal heirs.
7A. Ahmed Karimbhai Zharekari (deceased),
Legal heirs (nil).
7B. Imam Karimbhai Zharekari (deceased),
Through Legal heirs
7B-1 Shaikh Kaisar Jaha Imam
Age: Major, Occ. Agri.,
R/o. Khan Engineering Works,
Opp. Old bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
7C. Mariambi Amir Zhari (deceased),
Through Legal heirs
Shaikh Sadik Amir
Age: Major, Occ. Agri.,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar, Dist. Ahmednagar.
8. Babu Sagulal Zharekari (deceased),
Through Legal heirs.
8A. Rahematbi Lala Zharekari,
Age : Major, Occ. Agri.,
R/o. Burudgaon Road, Bhosale Akhada,
Ahmednagar, Dist. Ahmednagar.
8B. Niyamatbi Bashir Shaikh,
Age : Major, Occ. Household.
R/o. As above.
8C. Salimbi Babu Zharekari,
41
13576.19WP+
Age: Major, Occ. Agri.,
R/o. As above.
8D. Akbar Babu Zharekari,
Age: Major, Occ. Agri.,
R/o. As above.
8E. Hasan Babu Zharekari,
Age: Major, Occ. Agri.,
R/o. As above.
8F. Raziya Gulam Muhamad Sayyad,
Age: Major, Occ. Agri.,
R/o. As above.
9. Rangnath Yashwant Pandit (deceased)
Through legal heirs.
9A. Dilip Jagannath Pandit,
Age: Major, Occ. Agri.,
R/o. Siddhivinayak Colony,
Opp.ITI, Ahmednagar.
Tal. & District Ahmednagar.
9B. Dr.Ashok Jagannath Pandit,
Age Major, Occ.Agri.,
R/o. Pandit Hospital, Bhingar,
Ahmednagar, Dist. Ahmednagar.
10. Bhaskar Pandurang Hiwale (deceased),
Through legal heirs
10A. Dr. Sarala J. Barnbas
Age: Major, Occ. Agri.,
R/o. Ahmednagar College,
Ahmednagar, Dist.Ahmednagar.
10B. Dr.Manorama T. Barnbas (deceased)
10C. Dr. Vimal Bhagat (deceased)
42
13576.19WP+
11. Sakharam Mahadev Misa (deceased),
Through legal heirs.
11A. Balasaheb Sakharam Misal (deceased),
Through legal heirs
11A-1 Nandkumar Balkrishna Misal
Age : Major, Occ. Agri.,
R/o. H.No.5001, Baratoti Karanja,
Maliwada, Ahmednagar,
Tal. & District Ahmednagar.
11-A-2 Anil Balkrishna Misal
Age : Major, Occ. Agri,
R/o. As above.
11A-3. Ganesh Balkrushna Misal,
Age : Major, Occ. Agril.
R/o. As above.
11A-4. Smt. Shakuntala Balkrushna Misal,
Age : Major, Occ. Agril.
R/o. As above.
12. Ramchandra Gopinath Misal (deceased)
Through legal heirs.
12A. Vitthal Ramchandra Misal,
Age: Major, Occ. Agri.,
R/o. Jadhavwada, Tange Galli,
Nalegaon, Ahmednagar
Tal. & District Ahmednagar.
12B. Keshavram Ramchandra Misal,
Age: Major, Occ. Agri.,
R/o. Agarkar Galli, Akole,
Tal. Akole, Dist. Ahmednagar
43
13576.19WP+
12C. Vasant Ramchandra Misal (deceased)
Through legal heirs.
12C.1 Vilas Vasant Misal,
Age : Major, Occ. Agri.,
R/o. Kalapahad, Rangarhatti, Paithan
Tal. Paithan, District Aurangabad.
12C.2 Chandrashekhar Vasant Misal
Age: Major, Occ. Agri.
R/o. Datta Chowk, Karale Mala,
Bhushan Nagar, Tandale Complex
15 August Colony, Ahmednagar,
Tal. & District Ahmednagar.
13. Laxman Sitaram Bhosale (deceased),
Through legal heirs
13A. Haribhau Laxman Bhosale (deceased),
Through legal heirs
13A.1Prayagabai Haribhau Bhosale
Age : Major, Occ. Agri.,
R/o. Burudgaon Road, Chauremala,
Ahmednagar, Dist. Ahmednagar.
13A.2Sudhakar Haribhau Bhosale
Age : Major, Occ. Agri.
R/o. As above.
13A.3Suresh Haribhau Bhosale
Age : Major, Occ. Agri.
R/o. As above.
13A.4Balasaheb Haribhau Bhosale
Age : Major, Occ. Agri.
R/o. As above.
13A.5Kailas Haribhau Bhosale
44
13576.19WP+
Age : Major, Occ. Agri.
R/o. As above.
13A.6Rekha Manikrao Khaire
Age : Major, Occ. Agri.
R/o. As above.
13B. Murlidhar Laxman Bhosale (deceased)
Through legal heirs
13B.1Vachhalabai Murlidhar Bhosale
Age : Major, Occ. Agri.,
R/o. Pandavnagar Colony No.3,
Chakrapani Road, Opp. Ganesh
Super Market, Bhosari, Pune.
13B.2Ashok Murlidhar Bhosale (deceased),
Through legal heirs.
13B.2.1. Subarna Ashok Bhosale
Age Major, Occ.Agri.
R/o. As above.
13B.2.2. Dipali Umesh Jadhav
Age : Major, Occ. Agri.
R/o. As above.
13B.2.3. Komal Swapnil Darekar
Age : Major, Occ. Agri.
R/o. Sahajpur Phata, Daund,
Tal. Daund, Dist. Pune.
13B-2.4. Sau. Subhada Akshay Satav
Age : Major, Occ. Agri.,
R/o. Survey No.48/4, Lane No.11,
Ganesh nagar, Wadgaon Sheri, Pune
13B-2.5. Prasad Ashok Bhosale
Age Major, Occ. Agri.,
45
13576.19WP+
R/o. Bhosale Akhada, Barudgaon Road,
Ahmednagar, Dist. Ahmednagar.
13B.3. Rajendra Murlidhar Bhosale
Age : Major, Occ.Agri.,
R/o. Burudgaon Road, Opp. ITI,
Kharie Chawl, Ahmednagar,
Tal. & District Ahmednagar.
13B-4. Meena Mohan Khaire
Age Major, Occ. Agri.,
R/o. As above.
13B.5. Sadhana Dattatraya Satav,
Age Major, Occ. Agri.,
R/o. Survey No.48/4, Lane No.11,
Ganesh nagar, Wadgaon Sheri, Pune
13C. Pundlik Laxman Bhosale (Deceased),
Through legal heirs.
13C.1. Laxmibai Pundlik Bhosale
Age : Major, Occ.Agri.
R/o. Gurukunj Bunglow, Sai Nagar,
Barudgaon Road, Ahmednagar,
Tal. & District Ahmednagar.
13C-2. Ganesh Pundlik Bhosale,
Age : Major, Occ. Agri.,
R/o. As above.
13C-3. Bebitai Panditrao Khaire,
Age Major, Occ.Agri.,
R/o. Kinetic Chowk, Near Over Bridge,
Khaire Chal, Ahmednagar,
Tal. & District Ahmednagar.
13C-4. Sau. Chayatai Kumar Khobare
Age Major Occ. Agri.,
46
13576.19WP+
R/o. Bhosale Akhada, Burudgaon Road,
Ahmednagar.
13D. Janardan Laxman Bhosale (Deceased),
Through legal heirs.
13D-1. Hirabai Janardhan Bhosale
Age : Major, Occ. Agri.,
R/o. Bhosale Akhada, Barudgaon Road,
Ahmednagar, Dist. Ahmednagar.
13D-2. Sanjay Janardhan Bhosale (Deceased),
Through legal heirs.
13D-2.1. Surekha Sanjay Bhosale
Age : Major, Occ. Agri.
R/o. As above.
13D-2-2. Vaibhavi Sanjay Bhosale,
Age : Major, Occ. Agri.
R/o. As above.
13D-2-3. Subham Sanjay Bhosale
Age : Major, Occ. Agri.,
R/o. As above.
13D.3. Rajendra Janardhan Bhosale
Age Major, Occ. Agri.,
R/o. Ashirwad Bunglow, Anand Nagar,
Malhar Chowk, Station Road,
Ahmednagar, Dist. Ahmednagar.
13D-4. Jayashri Bhagwat Wagh,
Age Major, Occ.Agri.
R/o. Plot No.H-1, 705,
Manikmoti Building
Katraj Pune
13D-5. Rajashri Balasaheb Salunkhe,
Age Major, Occ. Agri.,
47
13576.19WP+
R/o. D-4, Radhika Residency, Aaimata Mandit,
Pune-Mumbai Road, Dapoli, Pune
14. Pushpa Gokul Gandhi,
Age Major, Occ. Agri.,
R/o. Manik Nagar, Ahmednagar,
Tal. & District Ahmednagar.
15. Sagar Gokul Gandhi,
Age Major, Occ. Agri.,
R/o. As above. .. RESPONDENTS
...
Mr.S.S.Thombre, Advocate for the petitioner.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent no.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.5B, 5D, 5F and 5H
...
WITH
WRIT PETITION NO.13693 OF 2019
1] Sharad Manaklal Gundecha,
Age: 74 years, Occu. Business,
2] Arvind Manaklal Gundecha,
Age: 63 years, Occu. Business,
Both R/o. Manik Nagar, Nagar-Pune Road,
Ahmednagar, Tal. & Dist. Ahmednagar.
.. PETITIONERS
VERSUS
1] State of Maharashtra
Through Ministry of Revenue and
Forest, Mantralaya,
Mumbai-32.
48
13576.19WP+
2] Additional Commissioner,
Nasik Division, Nasik
3] Collector,
Ahmednagar
(Copy for Respondents No.1 to 3
To be served on the office of Government
Pleader, High Court of Judicature at Bombay,
Bench at Aurangabad)
4] Chhotibi w/o. Karimbhai
Since Deceased through LRs
4-A. Ahmed Karimbhai Zarekari (Died issueless)
4-B. Imam Karimbhai Zarekari,
Since deceased through LRs
4-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
4-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
4-C. Mariyambi Amir Zaari
Since Deceased through LR
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
5. Mahadu s/o. Narayan Pawar,
Deceased through LR's
49
13576.19WP+
5-A. Smt.Anusaya wd/o. Mahadu Pawar,
Age: 80 year, Occu : Household,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
5-B. Asha w/o. Ganesh Pawar,
Age: 59 years, Occu : Household,
R/o. As above.
5-C. Rahul s/o. Ganesh Pawar,
Age: 35 years, Occu : Agriculture,
R/o. As above.
5-D. Smt. Kusum w/o. Vinayak Pawar,
Age: 57 years, Occu : Agriculture,
R/o. As above.
5-E. Nitin s/o. Vinayak Pawar,
Age: 37 years, Occu. Nil,
R/o. As above.
5-F. Vishal s/o. Vinayak Pawar,
Age: 31 Years, Occu. Agriculture,
R/o. As above.
5-G. Priyanka d/o. Vinayak Pawar,
Age: 25 years, Occu. Nil,
R/o. As above.
5-H. Balwant s/o. Mahadu Pawar,
Age: 54 years, Occu : Agriculture,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
6. Hasan Babu Zarekari
Age: 65 years, Occu. Business,
R/o. Burudgaon Road, Bhosle Akhada,
Ahmednagar.
50
13576.19WP+
7. Mamulabai Mehboobbhai Zarekari,
Since Deceased through LRs
7-A. Ahmed Karimbhai Zarekari (Died issueless)
7-B. Imam Karimbhai Zarekari,
Since deceased through LRs
7-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
7-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
7-C. Mariyambi Amir Zaari
Since Deceased through LR
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
8. Babu Sagulal Zarekari,
Since Deceased through LRs
8-A. Rehmatbi Lala Zarekari,
Age: Major, Occu. Household,
8-B. Niyamatbi Bashir Shaikh,
Age: Major, Occu. Household.
8-C. Salimabee Babu Zarekari,
Age: Major, Occu.Household
8-D. Akbar Babu Zarekari,
51
13576.19WP+
Age: Major, Occu. Business.
8-E. Hasan Babu Zarekari,
Age: Major, Occu. Business
8-F. Raziya Gulam Mohammad Sayyad,
Age: Major, Occu. Household,
All R/o. Bhosale Akhada, Burudgaon Road,
Ahmednagar, Tal. & Dist. Ahmednagar.
9. Rangnath Yashwant Pandit,
Since Deceased through LRs
9-A. Dilip Jagannath Pandit,
Age: Major, Occu. Business,
R/o. Burudgaon Road, Siddhi Vinayak Colony,
In front of ITI, Ahmednagar.
9-B. Dr.Ashok Jagannath Pandit,
Age: Major, Occu. Medical Practitioner,
R/o. Pandit Hospital, Bhingar,
Ahmednagar, Tal. & Dist. Ahmednagar.
10. Bhaskar Pandurang Hiwale
Died Through Lrs
10-A. Dr.Sarla J. Banabas
Age: Major, Occu. Household,
R/o. Ahmednagar College Ahmednagar
Tq. & Dist. Ahmednagar.
10-B. Dr.Manorama T. Barnabas Died
Age: Major, Occu. Household.
10-C. Dr. Vimal Bhagat Died
11. Sakaram Mahadev Misal Died
Through Lrs.
52
13576.19WP+
11-A. Balasaheb (Balkrushna) Sakaram Misal
Died Through LR.s
11.A-1 Nandkumar Balkrushna Misal
11-A-2 Anil Balkrushna Misal
11-A-3. Ganesh Balkrushna Misal
11-A-4. Shakuntala Balkrushna Misal
All Major Occu : Agri
R/o. House No. 5001, Baratuti Karnga,
Maliwada Ahmednagar, Tq. & Dist.Ahmednagar
11-B. Vithal Sakaram Misal Died
Through LR.s
11-B.1 Suvarna Suresh Borade
Age: Major, Occu. Household,
R/o. Baratuti Karnga, Maliwada
Ahmednagar, Tq. & Dist. Ahmednagar
11-B.2 Reshma Rajendra Dahiwale
Age: Major, Occu. Agri.
R/o. Lonidhami Tq : Ambegaon, Dist.Pune
11-B.3 Rohini Balasaheb Mound
Age: Major, Occu. Household,
R/o. Bartuti Karnga, Maliwada
Ahmednagar, Tq. & Dist. Ahmednagar
12. Ramchandra Gopinath Misal Died
Through LR.s
12A. Vithal Ramchandra Misal,
Age: Major, Occu. Agri
R/o. Jadhav Wada Tange Galli, Nalegaon
Ahmednagar, Tq. & Dist. Ahmednagar.
53
13576.19WP+
12-B. Keshav Ramchandra Misal,
Age: Major, Occu. Agri.
R/o. Agarkar Galli Akole
Tq. & Dist. Ahmednagar
12-C. Vasant Ramchandra Misal Died
Through LR.s
12-C.1 Vilas Vasant Misal,
Age : Major, Occu. Agri
R/o. KalaPahad Rangerhatti Paithan
Tq. Paithan, Dist. Aurangabad.
12-C.2 Chandrshekar Vasant Misal
Age: Major, Occu. Agri
R/o. Datta Chowk, Karalemala, Bhusahn nagar
Tandele Complex 15 August Colony, Ahmednagar
Tq. & Dist. Ahmednagar.
13. Laxman Sitaram Bhosale Deceased
Through Lr.s
13-A. Haribhau Laxman Bhosale Deceased
Through Lr.s
13-A.1 Pragayabai Haribhau Bhosale
13-A.2 Sudhagar Haribhau Bhosale
13-A.3. Suresh Haribhau Bhosale
13-A.4. Balasaheb Haribhau Bhosale
13-A.5. Kailas Haribhau Bhosale
13-A.6. Rekha Manikrao Khaire
All Major, Occ : Agri
R/o. Burudgaon road, Chauremala Ahmednagar
Tq. & Dist. Ahmednagar.
54
13576.19WP+
13-B. Murlidhar Laxman Bhosale Deceased
Through L.R.s
13-B.1 Vacchalabai Murlidhar Bhosale
13-B.2. Ashok Murlidhar Bhosale Deceased
Through L.R.s
13-B.2.1. Suvarna Ashok Bhosale
13-B.2.2. Dipali Umesh Jadhav
All R/o. Pandhav Nagar Colony No.3
Chkrapani road, in front of Ganesh Super
Market, Bhosari, Pune.
13-B.2.3. Komal Swapnil Darekar
Age Major, Occ : Household,
R/o. Sahajpurphata, Dound,
Tq. Dound Dist. Pune.
13-B-2.4. Subhada Akshay Satav
Age : Major, Occ : Household,
R/o. Survey No.48/4, Lane No.11,
Ganeshnagar, Vadgaon Sheri, Pune
13-B-2.5. Prasad Ashok Bhosale
Age Major, Occu : Agri
R/o. Bhosale Akhada, Burudgaon Road,
Ahmednagar.
13-B.3. Rajendra Murlidhar Bhosale
13-B-4. Meena Mohan Khaire
Both Major, Occ : Agri
R/o. Burudgaon Road, In front of ITI,
Khaire Chal Ahmednagar
13-B.5. Sadhana Dattatray Satav
55
13576.19WP+
Age Major, Occu : Agri.
R/o. Survey No.48/4, Lane No.11,
Ganeshnagar, Vadgaon Sheri, Pune
13-C. Pundlik Laxman Bhosale Deceased
Through LRS
13-C.1. Laxmibai Pundlik Bhosale
13-C-2. Ganesh Pundlik Bhosale
Both Major, Occ:Agri.
R/o. Gurukunj bangle, Sainagar,
Burudgaon road, Ahmednagar.
13-C-3. Bibiutai Pandiorrao Khaire
Age Major, Occu : Housewife
R/o. Kinetic Chowk, Near Udhanpul,
Khairechal Ahmednagar
13-C-4. Chhayatai Kumar Khobre
Age Major Occu : Housewife
R/o. Bhosale Akadha, Burudgaon Road,
Ahmednagar.
13-D. Janardhan Laxman Bhosale
Deceased through LR.s
13-D.1. Hirabai Janardhan Bhosale
13-D.2. Sanjay Janardhan Bhosale
Deceased Though LR.s
13-D-2.1. Surekha Sanjay Bhosale
13-D-2.2. Vaibhavi Sanjay Bhosale
13-D-2.3. Shubham Sanjay Bhosale
56
13576.19WP+
All Major, Occ : Agri
R/o. Bhosale Akadha Burudgaon Road
Ahmednagar.
13-D.3. Rajendra Janardhan Bhosale
Age Major, Occu : Agri
R/o. Ashirwad Bangla, Anand Nagar,
Malhar Chowk, Station Road,
Ahmednagar.
13-D.4. Jayshree Bhagwat Wagh
Age Major, Occ : Housewife
R/o. Flat No.H-1, 705, Manik Moti Building
Katraj Pune
13-D.5. Rajshree Balasaheb Salunke
Age Major, Occu : Agri
R/o. D-4, Radhika Residency, Ayemata Mandir,
Pune Mumbai Road, Dhapoli, Pune
Ahmednagar. .. RESPONDENTS
...
Mr.Anand P. Bhandari h/f. Mrs.Pranjal A. Bhandari,
Advocate for the petitioners.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent nos.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.5B, 5D, 5F and 5H
...
WITH
WRIT PETITION NO.13700 OF 2019
Luniya Munot and Company,
A Registered Partnership Firm,
Duly Registered under the Partnership Act, 1932
Through its Partner,
Rasik Zumbarlal Luniya,
57
13576.19WP+
Age: 70 Years, Occu. Business,
R/o. 101, Rahul Apartment,
Burudgaon Road, Ahmednagar. .. PETITIONER
VERSUS
1. Collector,
Ahmednagar
(Copy for Respondents No.1
to be served on the office of Government
Pleader, High Court of Judicature at Bombay,
Bench at Aurangabad)
2. Chhotibi w/o. Karimbhai
Since Deceased through LRs
2-A. Ahmed Karimbhai Zarekari (Died issueless)
2-B. Imam Karimbhai Zarekari,
Since deceased through LRs
2-B-1 Sk. Kaisar Jahan Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
In front of old Bus Stand, Jamkhed,
Tal. Jamkhed, Dist. Ahmednagar.
2-B-2.Sk. Israt Imam
Age: Major, Occu. Business,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
2-C. Mariyambi Amir Zaari
Since Deceased through LR
Sk. Sadik Sk. Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandarpur,
Dist. Solapur.
58
13576.19WP+
3. Mahadu s/o. Narayan Pawar,
Deceased through LR's
3-A. Smt.Anusaya wd/o. Mahadu Pawar,
Age: 80 years, Occu : Household,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
3-B. Asha w/o. Ganesh Pawar,
Age: 59 years, Occu : Household,
R/o. As above.
3-C. Rahul s/o. Ganesh Pawar,
Age: 35 years, Occu : Agriculture,
R/o. As above.
3-D. Smt. Kusum w/o. Vinayak Pawar,
Age: 57 years, Occu : Agriculture,
R/o. As above.
3-E. Nitin s/o. Vinayak Pawar,
Age: 37 years, Occu. Nil,
R/o. As above.
3-F. Vishal s/o. Vinayak Pawar,
Age: 31 Years, Occu. Agriculture,
R/o. As above.
3-G. Priyanka d/o. Vinayak Pawar,
Age: 25 years, Occu. Nil,
R/o. As above.
3-H. Balwant s/o. Mahadu Pawar,
Age: 54 years, Occu : Agriculture,
R/o. Shiv Krupa, behind Ajay Gas,
Burudgaon Road, Ahmednagar.
4. Hasan Babu Zarekari
Age: 65 years, Occu. Business,
59
13576.19WP+
R/o. Burudgaon Road, Bhosle Akhada,
Ahmednagar. .. RESPONDENTS
...
Mr.Anand P. Bhandari h/f. Mr.R.R.Sancheti, Advocate for the
petitioner.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent no.3C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.4.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.3B, 3D, 3F and 3H
...
WITH
WRIT PETITION NO.14786 OF 2019
Smt. Imratbai Vijaykumar Munot,
Age: 72 Years, Occu : Household,
R/o. Plot No. G-9 & G-10, Manik Nagar,
Chandan Estate, Ahmednagar. .. PETITIONER
VERSUS
1] The State of Maharashtra
Through Revenue & Forest Department,
Mantralaya, Mumbai-32.
2] The Divisional Commissioner, Nashik,
Division Nashik.
3] The Collector,
Ahmednagar, Dist. Ahmednagar.
(Copy to be served on Government Pleader
Bombay High Court Bench at Aurangabad)
4] Chotibi Mard Karimbhai
Since deceased Through Legal L.Rs.
60
13576.19WP+
4-A. Ahmed Karimbhai Zarekari
Since deceased Through without any L.Rs.
4-B. Imam Karimbhai Zarekari,
Since deceased Through L.Rs.
4-B-1 Shaikh Kaisar Jaha Imam
Age: Major, Occu.Business,
R/o. Khan Engineering Works,
Infront of old Bus Stand, Jamkhed,
Tq. Jamkhed, Dist. Ahmednagar.
4-B-2.Shaikh Israt Imam
Age: Major, Occu. Household,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
4-C. Mariyambi Amir Zari
Deceased through L.Rs.
4-C-1.Shaikh Sadik Amir,
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandharpur,
Dist. Solapur.
5. Mahadu Narayan Pawar,
Deceased Through L.Rs.
5-A. Anusayabai Mahadev Pawar,
Age: Major, Occu : Household,
5-B. Asha Ganesh Pawar,
Age: Major, Occu : Household
5-C. Rahul Ganesh Pawar,
Age: Major, Occu : Business.
5-D. Kusum Vinayak Pawar,
Age: Major, Occu. Household.
61
13576.19WP+
5-E. Nitin Vinayak Pawar,
Age: Major, Occu : Business
5-F. Vishal Vinayak Pawar,
Age: Major, Occu. Business
5-G. Priyanka Vinayak Pawar,
Age: Major, Occu. Household.
5-H. Balwant @ Balasaheb Mahadev Pawar,
Age : Major, Occu : Household,
No.2A to 2H R/o. Manik Nagar, Ahmednagar
6. Hasan Babu Zarekari
Age: Major, Occu. Business,
R/o. Burundgaon Road, Bhosle Akhada,
Ahmednagar.
7. Mamulabai Mard Mehbubbhai
Deceased through L.Rs.
7-A. Ahmad Karimbhai Zarekari,
Deceased Through without any L.Rs.
7-B. Imam Karimbhai Zarekari,
Deceased Through L.Rs.
7-B-1 Shaikh Kaisar Jaha Imam
Age: Major, Occu. Business,
R/o. Khan Engineering Works,
Infront of Old Bus Stand, Jamkhed,
Tq. Jamkhed, Dist. Ahmednagar.
7-B-2.Shaikh Israt Imam
Age: Major, Occu. Household,
R/o. Mukund Nagar, Aman Colony,
Ahmednagar.
62
13576.19WP+
7-C. Mariyambi Amir Zari
Deceased Through L.Rs.
7-C-1 Shaikh Sadik Amir
Age: Major, Occu. Business,
R/o. Tanaji Chowk, Pandharpur,
Dist. Solapur.
8. Babu Sagulal Zarekari,
Deceased Through L.Rs.
8-A. Rahematbi Lala Zarekari,
Age : Major, Occu. Household
8-B. Niyamatbi Bashir Shaikh,
Age : Major, Occu. Household.
8-C. Salimabi Babu Zarekari,
Age: Major, Occu. Household
8-D. Akbar Babu Zarekari,
Age: Major, Occu.
8-E. Hasan Babu Zarekari,
Age: Major, Occu.
8-F. Raziya Gulam Mohammad Syed,
Age: Major, Occu. Household,
8A to 8F R/o. Burudgaon Road,
Bhosle Akhada, Ahmednagar
9. Rangnath Yashwant Pandit
Deceased Through L.Rs.
9-A. Dilip Jagannath Pandit,
Age: Major, Occu. Business,
R/o. Burudgaon Road, Sidhi Vinayak Colony,
Infront of ITI, Ahmednagar.
63
13576.19WP+
9-B. Dr.Ashok Jagannath Pandit,
R/o. Pandit Hospital, Bhingar,
Ahmednagar.
10. Bhaskar Pandurang Hiwale
Deceased Through L.Rs.
10-A. Dr. Sarla J. Barnbas
Age: Major, Occu. Service
10-B. Dr.Manorma T. Barnbas
Deceased.
10-C. Dr. Vimal Bhagat
Deceased
No. 10A R/o. Ahmdnagar College,
Ahmednagar.
11. Sakharam Mahadev Misal,
Deceased Through L.Rs.
11-A. Balasaheb Sakharam Misal,
Deceased Through L.Rs.
11.A-1 Nandkumar Balkrushna Misal
Age : Major, Occu : Business
11-A-2 Anil Balkrushna Misal
Age : Major, Occu : Business
11-A-3. Ganesh Balkrushna Misal,
Age : Major, Occu : Business
11-A-4. Smt. Shakuntala Balkrushna Misal,
Age : Major, Occu : Household.
Rsp.No.11-A-1 to 11-A-4
R/o. House No. 5001, Baratoti Karanja,
Maliwada Ahmednagar
64
13576.19WP+
11-B. Vitthal Sakharam Misal
Deceased Through L.Rs.
11-B.1 Sau.Suvarna Suresh Borade
Age: Major, Occu. Household,
R/o. Baratoti Karanja, Maliwada
Ahmednagar
11-B.2 Sau. Reshma Rajendra Dahiwale
Age: Major, Occu. Household,
R/o. Loni Dhamni Tq : Ambegaon,
Dist.Pune
11-B.3 Sau. Rohini Balasaheb Maid
Age: Major, Occu. Household,
R/o. Baratoti Karanja, Maliwada
Ahmednagar
12. Ramchandra Gopinath Misal,
Deceased Through L.Rs.
12-A. Vitthal Ramchandra Misal,
Age: Major, Occu. Business,
R/o. Jadhavwadi, Tangegalli, Nalegaon
Ahmednagar
12-B. Keshavram Ramchandra Misal,
Age: Major, Occu.
R/o. Aagarkar Galli, Akole,
Tq. Akole, Dist. Ahmednagar
12-C. Vasant Ramchandra Misal
Deceased Through L.Rs.
12-C.1 Vilas Vasant Misal,
Age : Major, Occu. Business,
R/o. Kalapahad, Rangarhatti Paithan
Tq. Paithan, Dist. Aurangabad.
65
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12-C.2 Chandrashekhar Vasant Misal
Age: Major, Occu. Business,
R/o. Datta Chowk, Karale Mala,
Bhushan Nagar, Tandale Complex
Plot No.102A, 15 August Colony,
Ahmednagar
13. Laxman Sitaram Bhosle
Deceased Through L.Rs.
13-A. Haribhau Laxman Bhosle
Deceased Through L.Rs.
13-A.1 Prayagabai Haribhau Bhosle
Age : Major, Occu : Household
13-A.2 Sudhakar Haribhau Bhosle
Age : Major, Occu : Business
13-A.3. Suresh Haribhau Bhosle
Age : Major, Occu : Business
13-A.4. Balasaheb Haribhau Bhosle
Age : Major, Occu : Business.
13-A.5. Kailas Haribhau Bhosle
Age : Major, Occu : Business.
13-A.6. Rekha Manikrao Khaire
Age : Major, Occu : Household,
Resp. No.13A-1 to 13A-6
R/o. Burudgaon road,
Chaurmala, Ahmednagar
13-B. Murlidhar Laxman Bhosle
Deceased Through L.Rs.
13-B.1 Vachhalabai Murlidhar Bhosle
Age : Major, Occu : Household
66
13576.19WP+
R/o. Bhosle, Akhada, Burudgaon Road,
Ahmednagar.
13-B.2. Ashok Murlidhar Bhosle
Deceased Through L.Rs
13-B.2.1. Suvarna Ashok Bhosle
Age : Major, Occu : Household,
R/o. Bhosle Akhada, Burudgaon Road,
Ahmednagar.
13-B.2.2. Sau. Dipali Umesh Jadhav
Age : Major, Occu : Household,
R/o. Pandav Nagar Colony No.3
Chakrapani road, in front of Ganesh Super
Market, Bhosri, Pune.
13-B.2.3. Sau. Komal Swapnil Darekar
Age Major, Occu : Household,
R/o. Sahajpur phata, Daund,
Tq. Daund Dist. Pune.
13-B-2.4. Sau. Subhada Akshay Satav
Age : Major, Occu : Household,
R/o. Survey No.48/4, Lane No.11,
Ganesh Nagar, Wadgaon Sheri, Pune
13-B-2.5. Prasad Ashok Bhosle
Age Major, Occu : Business,
R/o. Bhosle Akhada, Burudgaon Road,
Ahmednagar.
13-B.3. Rajendra Murlidhar Bhosle
Age : Major, Occu. Business.
13-B-4. Mina Mohan Khaire
Age Major, Occu : Household,
Resp. No.13-B-3 to 13-B-4
67
13576.19WP+
R/o. Burudgaon Road, Infront of ITI,
Khaire Chal Ahmednagar
13-B.5. Sadhana Dattatray Satav
Age Major, Occu : Household,
R/o. Survey No.48/4, Lane No.11,
Ganesh Nagar, Wadgaon Sheri, Pune
13-C. Pundlik Laxman Bhosle
Deceased Through L.Rs.
13-C.1. Laxmibai Pundlik Bhosle
Age : Major, Occu. Household.
13-C-2. Ganesh Pundlik Bhosle
Age : Major, Occu. Business,
Resp. No.13-C-1 to 13-C-2
R/o. Gurukunj Bungla, Sainagar,
Burudgaon Road, Ahmednagar.
13-C-3. Bebitai Panditrao Khaire
Age Major, Occu : Household,
R/o. Kainetik Chowk, Beside Over Bridge,
Khaire Chal, Ahmednagar
13-C-4. Sau. Chayatai Kumar Khobare
Age Major Occu : Household,
R/o. Bhosle Akhada, Burudgaon Road,
Ahmednagar.
13-D. Janardan Laxman Bhosle
Deceased Through L.Rs
13-D.1. Hirabai Janardan Bhosle
Age : Major, Occu : Household,
13-D.2. Sanjay Janardhan Bhosle
Deceased Though L.Rs
68
13576.19WP+
13-D-2.1. Surekha Sanjay Bhosle
Age : Major, Occu : Household
13-D-2.2. Vaibhavi Sanjay Bhosle
Age : Major, Occu : Household.
13-D-2.3. Subham Sanjay Bhosle
Age : Major, Occu : Household.
Resp.No.13-D-1, 13D-2-1 to 13-D-2-3
R/o. Bhosle Akhada, Burudgaon Road
Ahmednagar.
13-D.3. Rajendra Janardan Bhosle
Age Major, Occu : Business,
R/o. Ashirwad Bungla, Anand Nagar,
Malhar Chowk, Station Road,
Ahmednagar.
13-D.4. Sau. Jaishri Bhagwat Wagh
Age Major, Occ : Household,
R/o. Flat No.H-1, 705, Manikmoti Building
Katraj Pune
13-D.5. Sau. Rajshri Balasaheb Salunkhe
Age Major, Occu : Household,
R/o. D-4, Radhika Residency, Aaimata Mandir,
Pune-Mumbai Road, Dhapoli, Pune
.. RESPONDENTS
...
Mr.Amol K. Gawali, Advocate for the petitioner.
Mr.Niteen V. Gaware and Sanjay Gaikwad, Advocates for
respondent nos.5C.
Mr.R.N.Dhorde, Senior Advocate, a/w. Adv.R.L.Kute i/b.
Mr.V.R.Dhorde, Advocate for the respondent no.6.
Mr.Ashwin Shete and Mr.Abhay Dhariwal, Advocate for
respondent nos.5B, 5D, 5F and 5H
...
69
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CORAM : ARUN R. PEDNEKER, J.
Reserved on : 20.12.2023.
Pronounced on : 22.12.2023
JUDGMENT :
1] The present proceedings have checkered history.
The plaintiffs filed a suit for partition and separate
possession of the suit properties in the year 1956. The suit
was concluded within a period of one year and the decree
was passed in the year 1957. The defendant nos. 7 and 8 in
the suit filed appeal against the said decree before the
Appellate Court. All the other parties to the suit accepted
the decree of the trial Court. The Appellate Court
proceedings concluded by its order on 02.05.1963 in First
Appeal Nos. 78/1958 and First Appeal No.79/1958 and
further amended order dated 24.09.1963.
2] However, the execution of the decree has been
an endless process. The execution of the decree is
obstructed by the subsequent purchasers of the suit property
by raising multiple objections before the Collector in
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proceedings under Section 54 of the Civil Procedure Code
and before the Civil Court and in the High Court and also
the Hon'ble Supreme Court on various occasions and the
decree holder is yet to secure fruits of the decree. Finally,
the Hon'ble Supreme Court, by order dated 4th December,
2023, directed conclusion of the entire execution
proceedings within a period of two months and thus I have
taken up for disposal the present Writ Petitions pending in
this Court of all the objectors to the execution of the decree.
3] All 10 Writ Petitions pending, relates to the
objections filed before the Collector executing the decree
under Section 54 of the Civil Procedure Code and also
before the Appellate Authority i.e. the Commissioner. The
objectors are resisting the execution of the decree and have
challenged the final chart prepared by the Collector for
allocation of share of the respective parties to the suit
property in terms of decree under Section 54 of the Civil
Procedure Code.
4] In the instant case, all the objectors,
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undisputedly have purchased the suit properties from the
judgment debtors after the finalization of the preliminary
decree by the appellate court. All the original defendants, in
the instant case, are present before the Collector in
execution proceedings and have accepted the partition chart
prepared by the Collector. However, the objectors, who have
subsequently purchased and further sold the properties after
the finalization of the preliminary decree, have raised
various objections to the execution of the decree.
5] Thus, the primary question to be considered in
the instant cases is whether such independent objections
beyond the transferor [judgment debtor] can be raised by
the subsequent transferees / purchasers of the suit property,
who has purchased the suit property, after the preliminary
decree in the suit is confirmed by the appellate court, when
the defendants / original judgment debtors are also present
in the execution proceeding and have accepted the partition
chart prepared by the Collector? The next question to
consider is whether the objectors / transferee can seek
13576.19WP+
equitable partition of the suit properties, such that the
entire land purchased by the objectors can be adjusted
towards the share of the judgment debtor?
In view of the long litigation, the facts in this
case are lengthy but are noted below for complete
appreciation of the issue at hand. The facts are taken from
the earlier judgments of this Court and are not in dispute.
Facts leading to filing the present Writ Petitions are as
under :
6] One Maheboob Zarekari was the owner of
survey Nos.46/2, 47/6, 48/6, 53/1B, 133/3, 52/1, 52/2,
131, 50/4 situated at Chahurna (Bk), Taluka and District
Ahmednagar and the house property bearing No. 5106 City
Survey No.4097 Ward No. 12, Ahmednagar. Said Maheboob
Zarekari died on 19.05.1948 leaving behind him his widow
Mamulabee and a daughter Chotibee. The property was
then mutated on 13.07.1948 in the name of widow
Mamulabee. On 27.07.1949 Mamulabee executed gift deed
in respect of survey Nos. 47/6, 48/6 and 50/4 in favour of
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one Babu Sagulal Itare @ Zarekari. On 13.04.1953,
Mamulabee executed registered sale deed in favour of one
Sakharam Mahadev Misal in respect of survey No. 52/2. On
12.11.1953, Mamulabee sold property survey No. 53/1B by
registered sale deed to one Ramchandra Gopinath Misal.
Again on 23.09.1953, Mamulabee executed another sale
deed in favour of Sakharam Misal in respect of survey No.
52/1.
7] On 13.04.1956 Chotibee filed Special Civil Suit
No.13/1956 for partition and separate possession in respect
of the properties owned by her father Maheboob Zarekari.
In the said civil suit Mamulabee was joined as defendant
No. 1 and the other persons to whom Mamulabee
transferred survey Nos. 46/2, 131, 47/6, 48/6, 52/1, 53/1B
and 133/3 were also joined as defendant Nos.2 to 9. Babu
Sagulal Itare @ Zarekari was joined as defendant No. 2 as
survey No. 47/6, 48/6 and 50/4 were transferred to him by
way of gift by Mamulabee. The defendant No. 3 Khandu
Ramu Phulsaunder and defendant No. 4 Laxman Ramu
13576.19WP+
Phulsaunder purchased survey No. 131 and some portion of
survey No. 46/2 and hence were joined as defendant Nos. 3
and 4 respectively. One Raghunath Pandit purchased survey
No. 46/6 from defendant No. 2 and was joined as defendant
No. 5 in the suit. Rev. Dr. Bhaskar Diwale purchased survey
No.48/6 from defendant No. 2 and hence was joined as
defendant No.6. Sakharam Misal purchased survey No.
52/1 and 52/2 from defendant No. 1 and, was therefore,
joined as defendant No. 7. Ramchandra Misal purchased
survey No.53/1B and Laxman Bhosale purchased survey No.
133/3 and, hence, were joined as defendant Nos. 8 and 9
respectively.
8] During the pendency of the said Special Civil
Suit plaintiff/Chotibee executed registered sale deed dated
25.05.1957 by which she sold her 3/4th share in the land
survey Nos. 47/6, 48/6, 53/1B. 133/3, 52/1 and 52/2 to
one Mahadu Narayan Pawar, who subsequently joined in
the said special civil suit as plaintiff No. 2. Thus the
Chotibee and Mahadu were the plaintiff Nos. 1 and 2,
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whereas, Mamulabee was defendant No. 1 and the other
purchasers were defendant Nos. 2 to 9.
9] The Trial Court has framed 38 issues while
deciding the suit.
10] While deciding the quantum of share of the
plaintiff Chotibi and defendant No.1 Mamulabi, the Trial
Court has concluded that Chotibi would be entitled to 7/8 th
share in the suit properties and Mamulabi would be entitled
to 1/8th share. The Appellate Court (Division Bench of this
Court) has not altered these shares.
11] Defendant Nos. 3 and 4 in the suit are the
Phulsunder brothers. The Trial Court framed issue No.10 as
to whether these brothers prove that they have purchased
S.No.131 and some portion of S.No.46/2 from Mamulabi by
sale deed dated 08/07/1955 and also framed issue No.11 as
to whether this sale deed would be binding upon the
plaintiff Chotibi. The Trial Court concluded that no answer
is necessary for these 2 issues since the plaintiff submitted a
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purshis Exh.62 and the names of these two brothers is to be
deleted from the suit. Consequentially, the issue whether
these two brothers are in possession of the remaining
portion in S.No. 46/2 as tenants, was also rendered
unnecessary.
12] Issue No.17 relates to whether Chotibi proves
that land S.No. 48/6 belonged to Mahibubbhai, it concluded
in the affirmative. On issue No. 18 as to whether defendant
No.6 Dr. Bhaskar proves that he has purchased S.No.48/6
from defendant No.2 deceased Babu Itare, the Trial Court
has answered in the affirmative, but further concluded
while answering Issue No. 19 that the said sale transaction
would not bind the plaintiff. While dealing with issue No.20
as to whether defendant No.6 Bhaskar has bonafide
purchased the land without notice, the Trial Court answered
in the negative.
13] Issue Nos. 21 to 24 are with regard to
defendant No.7 Sakharam Misal having purchased
S.No.52/1 and 52/2 from Mamulabi by the two sale deeds
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dated 30/04/1952 and 23/09/1953. The Trial Court has
answered in the affirmative and concluded that Sakharam
has not proved that Chotibi had consented to the sale deeds
and hence the said sale deeds would not be binding upon
Chotibi.
14] With regard to the purchase of S.No.53/18 by
defendant No.8 Ramchandra Misal from Mamulabi is
concerned, the Trial Court framed issue Nos. 26 to 29 and
concluded that though defendant No.8 had purchased the
said land, the sale transaction between the two was not
binding upon Chotibi and that defendant No.8 is not a
bonafide transferee.
15] With regard to whether defendant No.8 was a
protected tenant or is entitled to protection under the
Bombay Tenancy and Agricultural Lands Act, the Trial Court
framed issue Nos.31 and 32 and concluded that an answer
to the said issues is not necessary since the question as to
whether defendant No.8 was a protected tenant of the land
purchased by him, was not necessary to be decided.
13576.19WP+
16] With regard to the role of defendant No.9
Laxman Sitaram Bhosale was concerned, the Trial Court
framed issue Nos. 33 to 35 and concluded that defendant
No.9 proves that he purchased land S.No.133/3 from
Mamulabi. The said purchase was not bonafide and the sale
transaction was not binding upon the plaintiff.
17] Finally, the Trial Court passed the following
order in its judgment and decree dated 30/09/1957 as
under :-
"1. It is hereby declared that the plaintiff No. 1 has 7/8
share in the suit house and the suit land Survey No.50/4,
the plaintiff No.2 has 7/8 share in the suit lands survey
Nos. 47/6, 48/6, 53/1B, 133/3, 52/1 and 52/2, defendant
No. 1 lhas 1/8 share in the suit house and the suit lands
survey Nos. 46/2, 47/6, 131 and 50/4, Defendant No.6 has
1/8 share in the suit land survey No.48/6, Defendant No.7
has 1/8 share in the suit lands survey No.52/1 and 52/2,
Defendant No.8 has 1/8 share in the suit land survey
No.53/1B, and Defendant No.9 has 1/8 share in the suit
land No. 133/3.
2. It is hereby directed under 0.20, R.18 CPC., that on
the interested parties paying the necessary court fee stamps
the suit lands mentioned in para 1 of this order be
partitioned and the plaintiff Nos. 1 and 2 and Defendant
Nos. 1 and 6 to 9 be put into separate possession of their
respective shares therein as declared above, by the
Collector or any gazetted Subordinate of the Collector
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deputed by him in this behalf.
3. It is hereby further directed that on the interested
parties paying the necessary court fee stamps the suit
house be partitioned and the parties whose shares therein
are declared above, be put into separate possession of their
respective shares therein by a Commissioner to be
hereafter appointed by the Court in execution proceedings.
4. The plaintiffs and defendants Nos.6 to 9 to bear
their respective costs of the suit. The names of defendants
Nos.3 and 4 be deleted from the suit. The defendant Nos.3
and 4 to bear their own cots."
18] The above judgment and decree was carried in
a First Appeal Nos.78/1958 and 79/1958. Sakharam
Mahadev Misal, original defendant No.7 was the appellant
in Appeal No.78/1958 wherein original plaintiffs Chotibi
and Mahadu Pawar and original defendant No.1 Mamulabi
and No.2 Babu Itare, were the respondents. In First Appeal
No.79/1958, original defendant No.8 Ramchandra Misal
was the appellant and Chotibi and Mahadu Narayan Pawar,
original plaintiffs, were the respondents. The rest of the
litigants have accepted the decree of the Trial Court.
19] The learned Division Bench / Appellate Court
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delivered its judgment on 02-05-1963 which was further
rectified on 24-09-1963.
The Appellate Court in the order dated
02.05.1963 specifically observed as under :-
"We accordingly direct that the decree declaring the
respective shares of the several parties be and is
hereby confirmed, that the properties S.No.47/6,
53/1-B, 52/1, 52/2 and 50/4 and the house
properties be equitably partitioned so that, as far as
possible, defendant No.1 is assigned the whole
survey numbers which have been purchased by
defendant Nos. 7 and 8. In the event of such a
partition not being possible, the Court will assign as
much land out of these two survey numbers to
defendant No.1 as is possible in consideration of her
share in the house and other lands. As to the rest of
the share the plaintiff will be entitled to reasonable
compensation from defendants 7 and 8.
In order to do effective justice between the
parties in this proceeding without driving them to
further litigation in Tenancy Court, we direct the
Lower Court to refer to the Mamlatdar, during the
time that the partition proceedings are pending, the
two following issues to be determined by him. The
issues will be :
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[1] Whether defendant No.7 proves that he
was a tenant of Mahibubbhai and/or a tenant of the
suit land S.No.52/1 and 52/2 and whether the
tenancy is binding on the first plaintiff ?
[2] Whether defendant No.8 is a tenant of the
suit land bearing S.No.53/1-B and whether the
tenancy is binding on the first plaintiff ?
This inquiry will go on simultaneously with
the enquiry regarding partition. The decision on
these issues will not have any practical importance
if equitable partition can be effected by the Lower
Court. There will be no order as to costs."
20] However, by order dated 24/09/1963, the
above order suffered a correction and the Appellate Court
concluded as under :
"In the result we direct the following decree in
modification of the one made by the learned trial
Judge.
The 1" plaintiff will have 7/8 share in all the
lands now in appeal and the house. There will be
equitable partition as directed by us in our judgment
and a further direction that if defendants 7 and 8 are
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held by the Mamlatdar in answer to the two issues
which are to be referred to the Mamlatdar to be
tenants of the land and to be entitled to remain on
the land she will be entitled to fair rent of the land
which falls to her share and which will continue in
possession of defendants 7 and 8. They will also be
liable to payment of this amount of rent in the event
of the finding of the Mamlatdar being as above upto
the date of decree as well. If it is held by the
Mamlatdar that they are not tenants of the land, the
1st plaintiff will get possession of such land as falls
to her share on partition as directed by us above and
will also get mesne profits from defendants 7 and 8
as claimed by her until delivery of possession.
Partition proceedings to go on simultaneously with
the enquiry by the Mamlatdar on the issues referred
to him."
21] Based on the above directions, the Civil Court
modified the decree by passing an order on 23/12/1963 as
per the directions of the Appellate Court. Since issue of
tenancy is held against defendant nos. 7 and 8 as having
been concluded in the year 1952, the relevant portion of the
modified decree of the trial Court dated 23.12.1963, is as
under :
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"......If it is held by the Mamlatdar that they are not
tenants or the land, the 1 st plff will get possession of
such land as falls to her share on partition as already
directed, and will also get mesne profits from defts
Nos.7 and 8 as claimed by her until delivery of
possession."
22] Thereafter, execution proceedings were filed.
The plaintiffs filed Special Darkhast No.06/1965 for
execution of the modified decree, however, there is dispute
about the papers of Special Darkhast No.06 of 1965 being
lost. Thereafter, on 13.04.1977, the Special Darkhast
No.57/1977 was filed by the legal representatives of
plaintiff no.1 along with the plaintiff no.2 Mahadu Narayan
Pawar. During the pendency of the Special Darkhast
No.57/1977, the plaintiff no.2 Mahadu Narayan Pawar
assigned his rights under the deree in favour of one Hussan
Babu Zarekari in respect of his share in lands survey
No.47/6, 48/6, 53/1B, 133/3, 52/1 and 52/2 by executing
a deed of assignment dated 01.10.1981. On 22.10.1981, the
defendant nos.3 and 4, who were deleted from the suit by
an order of the trial Court, filed an application Exh.14
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praying for deletion of Survey No.131 and 46/2 of
Chahurna (Bk.) from Special Darkhast No.57/1977.
23] On 23rd October, 1981, the defendant nos. 7 and
8 filed application Exh.17 in Special Darkhast No. 57/1977
for deletion of lands survey No.52/1 and 52/2 alleging that
as per the modification of the decree done by this Court in
First Appeal Nos.78/1958 and 79/1958, the whole survey
Nos.52/1 and 52/2 were to be assigned to the share of
defendant no. 1 by way of equitable partition. Similarly, a
pursis (Exh.21) was also filed by Hassan Babu Zarekari on
16.11.1981, for substituting his name, in place of plaintiff
No.2 / decree holder no.2 Mahadu Narayan Pawar, on the
basis of deed of assignment dated 01.10.1981.
24] The executing Court passed an order on
21.12.1981 below Exh. 14 deleting survey Nos.46/2 and
131 from Special Darkhast No.57/1977 and also passed
another order on 21.12.1981 below Exh. 17 directing the
Collector to allot survey No.52/1 and 52/2 to the share of
defendant no.1 in the proposed partition, did not pass any
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orders on the applications Exh.21 and 22 filed for
substituting the name of Hassan Babu Zarekari in place of
decree holder No.2 Mahadu Narayan Pawar or deleting the
name of decree holder No.2 from Special Darkhast
No.57/1977.
Mahadu Narayan Pawar filed Writ Petition No.1597 of 2002
before this Court on 15.02.2022, claiming direction to the
respondent no.2, the Collector Ahmednagar, to effect
partition and actually separation of shares as provided
under Section 54 of Civil Procedure Code in the matter of
Special Darkhast No.57/1977 referred by the learned Civil
Judge Senior Division, Ahmednagar and to report
accordingly to the executing Court within specified time.
This Court by its judgment and order dated 12.07.2004
directed the Civil Judge Senior Division, Ahmednagar to
transmit the Special Darkhast immediately to the Collector,
Ahmednagar for execution in accordance with law. The
Collector was personally directed to execute the decree,
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instead of transmitting it to subordinate officers and to
complete the proceeding within a period of one year and to
report the compliance to this Court. On 13.11.2004, the
Collector called report from the Tahsildar in respect of the
issues of tenancy framed by this Court in First Appeal
Nos.78/1958 and 79/1958. On 13.04.2005, the Tahsildar
submitted his report, in substance holding that the
defendant nos. 7 and 8 have surrendered their tenancy
rights in the year 1952 in respect of survey nos. 52/1, 52/2
and 53/1B and since then their tenancy has come to an end.
26] The appellants / objectors, thereafter, moved an
application dated 07.12.2005 before the Collector raising
several objections to the executability of the decree and
sending the matter back to the Civil Court for correction of
decree. It was alleged that the decree was not amended in
the light of orders passed below Exh.14 and 17 dated
21.12.1981 and Exh.21 on 09.03.1998, by the executing
Court.
27] The Collector passed an order on 25.08.2006,
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effecting partition of the suit properties and directing
delivery of possession to the concerned parties in
accordance with law. The statements were prepared by
Taluka Superintendent of Land Records, Ahmednagar. By
this partition 7/8th share in all the nine properties and
house property was assigned to plaintiff Nos.1 and 2,
whereas, 1/8th share in all such properties was assigned to
defendant no.1 and other defendants, as per the decree
passed by the trial Court. The said order was challenged
before the Additional Commissioner, Nashik and by order
dated 31.05.2007, the Additional Commissioner remanded
the matter back to the Collector for afresh enquiry.
28] The legal heirs of plaintiff no.2 / decree holder
no. 2 Mahadu Narayan Pawar filed Writ Petition No.3636 of
2007 before this Court in which several appellants /
objectors were arrayed as party respondents. The Collector
passed an order on 24.12.2007 rejecting the objections
raised by the appellants and another order was passed by
the Civil Court on 07.01.2008 rejecting the objections raised
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before it by the objectors to the executability of the decree
in Special Darkhast No.57 of 1977. The various Writ
Petitions were filed by the objectors before this Court. The
Writ Petition was dismissed by the Single Judge against
which Letters Patent Appeal was filed. All objections raised
now before this Court were canvassed in the Letters Patent
Appeal.
29] The Division Bench of this Court [Coram :
P.V.Hardas & R.K.Deshpande, JJ.] by order dated 22 nd July,
2009 in Letters Patent Appeal No.114/2008 in Writ Petition
No.276 of 2008 allowed the LPA and held as under :
83. In the light of above adjudication by us, we
sum-up our conclusions and pass an order as under:
5) It is held that the properties survey Nos. 131
and 46/2 of village Chahurna (Bk), Tq. & Dist.
Ahmednagar stands deleted from preliminary decree
forwarded to the Collector by the learned Civil
Judge Senior Division, Ahmednagar and the same
stands deleted consequently from Special Darkhast
No. 57/1977.
6) The survey Nos. 52/1, 52/2 and 53/1B stands
allotted to the share of original defendant No. 1
Mamulabee in the proposed partition and the
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Collector, Ahmednagar is directed to effect the
partition of the remaining lands.
7) The executing Court and the Collector, shall
however, consider the question of allotment of share
of defendant No. 1 Mamulabee in house property
and in lands other than Survey Nos. 131, 46/2, 52/1,
52/2 and 53/1B to the share of plaintiffs or the
payment of monetary compensation, in
consideration of lands Survey Nos. 52/1, 52/2 and
53/1B, by the defendant Nos. 7 and 8 to the
plaintiffs.
12) We make it clear that although, parties have
raised various contentions, we have dealt with and
adjudicated the same only to the extent of survey
Nos. 131, 46/2, 52/1, 52/2 and 53/1B, leaving all
other objections to the executability of decree open
to be decided by the Civil Court and the Collector.
30] Thereafter, the order dated 22.07.2009 passed
in Letters Patent Appeal was challenged before the Hon'ble
Supreme Court. The Hon'ble Supreme Court passed an
order setting aside the order passed by the Single Judge so
also the order in the Letters Patent Appeal. By order dated
2nd August, 2017, the Hon'ble Supreme Court in Civil
Appeal No.3586 of 2010 with Civil Appeal No. 6345 of
2011 passed the following order :
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" After hearing learned counsel for the parties,
it appears that it would be just and proper to set
aside the order of the Division Bench as well as
passed by Single Bench. The Letters Patent Appeal
could not be said to be maintainable and it is not
necessary to go into the details. We feel that effect
of the preliminary decree which has attained finality
should be considered and also the effect of order
passed by the Mamlatdar to whom land has to be
allotted as per preliminary decree as there was
surrender of tenancy in the year 1952 as found by
Mamlatdar.
In the facts and circumstances and in order to
do complete justice between the parties, we deem it
proper to remit the matter to the Single Judge to
hear the parties afresh and decide the writ petition
afresh. All the questions which can be raised in
accordance with law by the parties are kept open.
We request the Single Bench of the High
Court to make an effort to decide the writ petition as
early as possible preferably within a period of six
months.
Parties to maintain status quo with respect to
alienation and possession till the disposal of the writ
petition. It is open to any of the parties to move the
High Court.
Order passed by the Division Bench and by
Single Bench are hereby set aside. The appeals are
accordingly allowed. No order as to costs.
31] The Hon'ble Supreme Court remanded the
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matter back to the High Court for fresh adjudication after
considering the legal findings recorded by the Supreme
Court. This Court [Coram : Ravindra V. Ghuge, J.], after
remand, by order dated 27th March, 2018 in Writ Petition
No.276 of 2008 at para nos.38 and 40 has held as under :
38. I, therefore, find that the impugned order
does not call for any interference considering the
following aspects :-
[e] The Collector would consider the
contentions of the decree holder and the
judgment debtors before carrying out
equitable partition.
40. All pending civil applications by the
intervenors need not be entertained as they are
purchasers during the pendency of the proceedings
and are, therefore, disposed of.
32] The order of learned Single Judge is not
challenged and had attained finality. However, in an parallel
proceedings is a Writ Petition before the Division Bench
filed by one of the objectors, the above noted para 38(e) of
the judgment of Single Judge dated 27.03.2028 was set
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aside by order dated 24th September, 2019 [Coram :
Prasanna B. Varale & Avinash G. Gharote, JJ.] in Writ
Petition No.11754 of 2019.
33] The said order dated 24.09.2019 passed by the
Division Bench of this Court was challenged before the
Hon'ble Supreme Court.
34] By order dated 4th December, 2023, the Hon'ble
Supreme Court in Petitions for Special Leave to Appeal (C)
No. (s). 25285-25286/2019 disposed of the SLP by setting
aside para 14 of the above order dated 24.09.2019 with
further direction to conclude the execution proceedings
within two months.
35] As such, in view of the directions of the Hon'ble
Supreme Court, all Writ Petitions pertaining to the objectors
to the execution of the decree are taken up for hearing
together.
36] For ready reference, the partition chart
prepared by the Collector under Section 54 of the Civil
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Procedure Code for distribution of the suit property in terms
of the decree is reproduced as under :
Sr. Subject to the Share of plaintiffs in decretal share of Defendants in the
No. decretal properties properties(the plaintiff nos. 02 decretal properties)
and 03 has 1/2 share for each as
per the order dated 21.02.2019 )
Survey Area Survey Area (Hector Plff. Surv Area Deft.No.
No. (Hector No. R) No ey (H.R.)
R) No.
1 46/2 1:81 -- - - 46/2 0.22.62 01
2 47/6 0.74 47/6 0.64.75 02 & 47/6 0.09.25 01
3 52/1 1.91 52/1 1.67.125 02 & 52/1 0.23.875 07
03 acquired
4 52/2 1.20 52/2 1.05 02 & 52/2 0.15 07
5 133/3 0.24 133/3 C.21 02 & 133/ 0.03 09
03 3
6 131 0.38 131 - - 131 0.04.75 01
7 53/1A 1.20 53/1A 1.05 02 & 53/1 0.15 08
03 A
8 50/4 1.11 50/4 0.97.125 01 50/4 0.13.875 01
SUBMISSIONS OF THE PETITIONERS :
37] Mr.A.P.Bhandari, learned counsel appearing for
the petitioners in Writ Petition Nos.13700/2019,
13693/2019, 13704/2019, 13928/2019 & 3760/2019 has
contended as under :
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A] Though there are three orders i.e. order passed
in Writ Petition No.1597/2002, order passed in Civil
Application No.7705/2005 and Order in Writ Petition
No.3636/2007 and Order in Writ Petition No.276/2008
specifically direct all objections of the parties to be
considered, yet the Collector did not consider any of the
objections.
B] The issue of tenancy is not framed by the Court
and referred to Mamlatdar, as mandated in the decree
passed by the appellate court, that has attained finality.
Order passed by the Hon'ble Supreme Court in Civil Appeals
does not hold that, there is no question of tenancy. It merely
states that, the effect of surrender of tenancy is required to
be considered. In this context it is necessary to refer to
observations of the appellate court in the order dated
24.09.1963.
C] Land bearing Survey No.46/2 and 131 are
deleted from the suit in view of purshis at Exh.62. The
defendant No.3 and 4 are also deleted from the suit. The
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directions in pursuance to the order below Exh.14 are also
required to be considered. Furthermore, the operative part
of order does not refer to grant of share to Chhotibee in said
properties.
D] Land bearing Survey Nos.52/1 and 52/2 were
transferred under Sale Deed. Though the trial court
specifically directed delivery of possession to the plaintiff
No.2, the appellate court modified said decree and directed
the framing of issue of tenancy, effecting equitable partition
and further directions to determine compensation and
adjustment of equities. The appellate court holds that, the
first plaintiff is entitled to fair rent/compensation/
possession. Said modification in decree is in presence of
Plaintiff no. 2.
Lands Survey No. 52/1 and 52/2 are
transferred by legal heirs of Plaintiff no. 1 in favour of Mr.
Sakhram Misal by the Registered Sale Deed dated
17.05.1980. The directions on the application below Exh.17
are not considered. Though the prayer for not hearing
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objections of the petitioners was made in modification
application in Writ Petition No.276/2008, said prayer is
rejected. Yet the petitioners are not even summoned by the
Collector. Representative of petitioners was not accorded
audience by the Collector and even the impugned order
shows that, there is no opportunity of hearing granted.
E] Similar is the situation regarding Survey
No.53/1/B. Though the decree is passed by this Hon'ble
Court, which has attained finality grants share in respect of
land Survey No.53/1/B, land bearing Survey No.53/1/A of
the petitioners, which was not even subject matter of suit or
execution proceedings is made subject matter of the
petition. As such, the Collector ventured to correct the
decree of Civil Court which has attained finality.
F] The respondents want that, the order below
Exh. 14 and 17, which have attained finality shall not be
considered by the Court. However, they still want that, the
plaintiff No.2 and 3 who are not granted share in respect of
5 lands with which the petitioners are concerned, shall be
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entitled to prosecute the execution.
G] The order passed by the Hon'ble Supreme Court
keeps all the issues open and it must be noted that, the
parties to the execution proceedings were not parties before
the Hon'ble Supreme Court at the time of hearing of appeals
of the respondents.
H] The order passed in Writ Petition No.3636/2007
and directions issued therein have attained finality.
However, said directions are not considered by the
Collector.
I] There are house properties involved in the
decree and the appellate court has directed grant of share in
respect of house properties. However, absolutely nothing is
stated regarding the same. In absence of same, these cannot
be execution.
38] The learned counsel have also filed additional
submission and are taken on record and the same is not
reproduced here as they are repetitive and would only
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increase the bulk of this judgment so also the submission
are not relevant in view of the findings rendered by me on
the preliminary legal issues.
39] Mr.S.S.Thombre, learned counsel appearing for
the petitioner in Writ Petition No.14790/2019 has adopted
the argument of the learned counsel Mr.A.P.Bhandari and
submits that the issue of tenancy is yet to be decided and it
has not attained finality and the matter ought to have been
returned for decision of tenancy issue.
40] Mr.A.K.Gawali, learned counsel appearing for
the petitioners in Writ Petition Nos.14786/2019 and Writ
Petition No.14787/2019 submits that Survey Nos.46/2 and
131 were sold by the Chandan Estate to petitioner Imratbai
and seeks deletion of the property at Survey Nos.46/2 and
131 and the said properties were not part of the suit
properties. Since the defendant nos. 3 and 4 were deleted
and that there could have been no decree passed for the
properties at Survey Nos.46/2 and 131.
13576.19WP+
41] Similarly, Writ Petition No.13693 of 2019 and
Writ Petition No.3760 of 2021 wherein the properties at
Survey nos.52/1, 52/2 and 53/1B were sold by the
Chandan Estate to the petitioners. The properties in Writ
Petition No.13576 of 2019 from Survey No.52/2 are sold by
Vithal Sakharam Misal, the legal heir of defendant no. 7
Sakharam Misal, to the Mangla Sharad Mutha i.e. the
petitioner and she seeks deletion of the said property from
the partition chart.
42] Mr.Mukul S. Kulkarni, learned counsel
appearing for the petitioner in Writ Petition No.13576 of
2019 submits that the order of the Appellate Court seeks to
balance equities and that the entire 7/8 th share is granted to
the plaintiff subject to the amendment being carried out in
the plaint. From the record he is not able to ascertain
whether any such amendment is carried out in the plaint.
43] Mr.Vijay B. Munot, learned counsel for the
petitioner in Writ Petition No.13927 of 2019 contends that
he has purchased the suit property from the defendant no.1
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and plaintiff no.1 as per the shares available to the
defendant no.1 and the share assigned to plaintiff no.1 after
the decree. As such, property bearing Survey No.50/4
purchased by the petitioner should be deleted from the
partition chart.
SUBMISSIONS OF RESPONDENTS :
Submissions of the respondents are made by
SENIOR ADVOCATE Mr.R.N.DHORDE, learned counsel for
respondent No.6, ADVOCATE Mr.ASHWIN SHETE, learned
counsel for the respondent Nos.5B, 5D, 5F and 5H and
Mr.NITEEN V.GAWARE, learned counsel for respondent
Nos.5C.
44] Per contra, the learned Senior Counsel
Mr.R.N.Dhorde, appearing for the respondents submits that
the preliminary decree of 1957 has become final and
therefore the alleged interpretation put by the present
petitioners is devoid of any substances. In view of the
judgment and the Apex Court setting aside the order in
Letters Patent Appeal and the same operates as res judicata.
13576.19WP+
45] The learned counsel submits that in view of the
judgment of learned Single Judge of this Court
dtd.27.03.2018 in Writ Petition No.276 of 2008 and the
Hon'ble Supreme court dtd.4th Dec.2023 in Civil Appeal
No.3586 of 2010, the subsequent purchasers cannot be
heard in the matter as the parties to suit have already
accepted the partition.
46] As regards the contentions regarding Survey
Nos.53/1B which is now read as Survey Nos. 53/1B, the
learned counsel submits that nobody has disputed the area
of land of 3 Acres as in plaint and decree which is available
for partition in Survey No. 53/1B of village Chahurana
(Bk.). The same is confirmed by the High Court and by the
Supreme Court, therefore, 3 Acres of area of Survey No.
53/1B is confirmed.
47] The learned Senior Counsel further submits that
the Collector has considered all the lands rightly in the
partition and they will go to the respective parties,
therefore, no interference is called for. The issue of tenancy
has become final. The 1957 decree is not yet executed for
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60 years because the petitioners are Builders / Property
dealers. The present petitioners are claiming through
original defendants and the original defendants have
accepted the decree, that to the extent of 7/8 share in all
lands to plaintiffs and the Collector has rightly allotted the
properties to the respective parties. In view of the above
mentioned contentions, it is not necessary either to add or
to delete any property and delay the execution. The present
petitioners are builders / property dealers, who are waiting
for parties to vanish and harass so that the original decree
holder would give up their claim and therefore litigation is
created and prolonged.
CONSIDERATION :
48] Considering the submissions of the parties, first
issue that arises for determination is whether the petitioners
/ objectors have an independent right to raise objections to
the execution of the decree when the defendants [judgment
debtor] from whom the petitioners have purchased the suit
properties after the decree had attained finality, has not
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objected to the partition chart ? Undisputedly, all the
objectors have purchased the suit property from the
judgment-debtor after the decree had attained finality after
the judgment of the appellate Court. The Hon'ble Supreme
Court by order dated 2nd August, 2017 in Civil Appeal
No.3586 of 2010, while dealing with the objections raised
by the objectors in the earlier round of litigation has set
aside the order passed by the Division Bench in the LPA,
whereby this Court had upheld the objections of the
objectors. The Hon'ble Supreme Court has set aside the
order of the Division Bench and Single Judge and held that
the effect of preliminary decree having attained finality has
to be taken into consideration and also the tenancy issue is
closed in the year 1952 and remanded the matter back to
the Single Judge for fresh adjudication taking into
consideration above facts.
49] On remand, the learned Single Judge concluded
the issue of the rights of the objectors to contest the
execution proceedings, by order dated 27th March, 2018 in
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Writ Petition No.276 of 2008 at para nos.38 and 40 as
under :
38. I, therefore, find that the impugned order
does not call for any interference considering the
following aspects :-
[a] The Appellate Court has modified the
decree by its judgment and the correction
order dated 24/09/1963. This decree has,
therefore, attained finality.
[b] By the report submitted by the Tahsildar,
the tenancy has been surrendered in 1952.
[c] By the directions of the learned Division
Bench of this Court in WP No. 1597/2002,
the District Collector is to consider the
objections of all the sides while resorting to
equitable partition.
[d] This Court, vide its order dated
05/09/2007 in WP No. 3636/2007, has
permitted the litigating sides to put forth their
contentions before the Collector who would
consider them while carrying out equitable
partition.
[e] The Collector would consider the
contentions of the decree holder and the
judgment debtors before carrying out
equitable partition.
[f] All the properties which are within the
ambit of the decree as per the judgment of the
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First Appellate Court, would be subjected to
equitable partition strictly as per the decree
which has rendered the shares of the plaintiff
and the defendant, final.
[g] The Collector would abide by the
directions of the Appellate Court reproduced
in paragraph No.19 of this judgment.
40. All pending civil applications by the
intervenors need not be entertained as they are
purchasers during the pendency of the proceedings
and are, therefore, disposed of.
50] The learned Single Judge has held that it is only
the plaintiff and the defendants to the suit will be heard in
the matter before the Collector in execution proceedings
under Section 54 of Civil Procedure Code and none else.
However, the Division Bench of this Court in Writ Petition
No.11754 of 2019, while considering a parallel challenge to
the order of the Collector and also the Commissioner, by
order dated 24th September, 2019, the Division Bench of this
Court [Coram : Prasanna B. Varale & Avinash G. Gharote,
JJ.] in Writ Petition No.11754 of 2019 at para no.14
observed as under :
14. In the order passed by single Judge and more
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particularly in Para-38, clause (e), in Writ Petition
No.276 of 2008 on 27th March, 2018, the learned
single Judge though observed that the Collector
would consider the contentions of the decree holder
and the judgment debtors before carrying out
equitable partition, it cannot be stretched to submit
that the petitioners who are either transferee or
assignees of the properties have no right at all of
hearing in the appeals presented by themselves
before the Commissioner raising grievance against
the order passed by the Collector which was for the
distribution of property on the backdrop of the
decree as well as the order passed by the learned
single Judge on 27th March, 2018, in Writ Petition
No. 276 of 2008.
51] The order passed by the Division Bench dated
24th September, 2019 in Writ Petition No.11754 of 2019 was
challenged before the Supreme Court and the Supreme
Court while issuing notice formulated the issue involved in
the petition in its order dated 6th January, 2020 in Petition
(s) for Special Leave to Appeal (C) No (s). 27590-
27591/2019 as under :
Applications for exemption from filing
official translation, exemption from filing certified
copy of the impugned judgment and permission to
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file synopsis and list of dates are allowed.
Learned counsel for the petitioner contends
that the only grievance is that while issuing
directions in the impugned order some observations
have been made which would tantamount to giving
the assignee a right beyond that is available from
the assignor. For example, if the assignor has
compromised the matter, the assignee cannot
enlarge the scope of what has already happened.
Issue notice limited to the aforesaid aspect
returnable in three weeks.
A copy of this order to accompany the notice.
Tag with SLP (Civil) Nos.25285-25286 of
2019.
52] While disposing the matter finally, by order
dated 4th December, 2023, the Hon'ble Supreme Court in
Petitions for Special Leave to Appeal (C) No (s). 25285-
25286/2019 has answered the issue as under :
Delay condoned.
Notice was issued on 23.10.2019 limited to
the issue that observations in the impugned order
that a Assignee has a right beyond what is available
to the assignor would amount to enlarging the scope
of what already stands concluded.
The contesting respondents, there is no doubt,
purchased pending litigation.
The aforesaid being the position, the
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directions in para 14 are not something which can
be sustained as the ambit of the dispute cannot go
beyond what can be looked into, i.e. the rights of the
assignor. Assignee cannot have rights better than the
Assignor.
The Special leave petitions stand disposed of
in the aforesaid terms. The competent Court to
proceed in accordance with law expeditiously and
conclude execution proceedings not later than two
months from today.
Pending applications stand disposed of.
53] Thus, the Hon'ble Supreme Court has held that
if the transferor - assignor has compromised the matter, the
assignee does not have higher right than the assignor. In the
instant case, all the decree holders and judgment debtors -
defendants are before the Civil Court and they have
accepted the partition chart prepared by the Collector in
terms of the modified decree in execution of the decree. The
Hon'ble Supreme Court in the above order dated
04.12.2023 held that the transferee does not have higher
right than the transferor and the transferee cannot be heard
independently beyond the judgment debtors / transferors.
The Hon'ble Supreme Court has observed that all the
objectors who have purchased the suit property after the
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preliminary decree had attained finality. The transferees
have purchased pending litigation and thus have no right to
raise their grievances independent of the transferor.
Thus all the Writ Petitions of the present
objectors are liable to be dismissed.
54] The principle of law emanating from above
discussion is that transferee pendente lite is bound by the
preliminary decree which has attained finality, even if the
decree is a compromise decree, so also, the transferee
pendente lite is bound by the final outcome of the execution
proceedings or final decree proceedings between the parties
to the partition suit unless it is vitiated by fraud.
55] The same view finds support in the below
mentioned judgments of the High Court of Allahabad and
Rajasthan. The High Court in the case of Amarnath and
others Vs. Deputy Director of Consolidation, Kanpur and
another reported in AIR 1985 Allahabad 163 at para 10 has
held as under :
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10. ..... In AIR 1928 All 3 Shyam Lal V. Sohan
Lal, a Division Bench of this Court has very
succinctly indicated that a transferee pendente lite is
bound by the decree just asmuch as he were a party
to the suit. Such transferee puts himself in privity
with the suit, and must be treated, not as a stranger
to the suit, but as a party to it and consequently
bound by the terms of the decree in full. A decree
based upon a compromise is just asmuch binding as
a decree founded upon a decision on merits.....
56] The High Court in the case of Mohammad
Aleem V. Maqsood Alam and others reported in AIR 1989
Raj.43 at para no. 5 has held as under :
5. ......The law is well settled that the doctrine
of lis pendens is also applicable in cases where the
pending litigation is ultimately compromised by the
parties and a compromise decree is passed in terms
of the compromise. In this connection reference
may be made to the decision of the Full Bench of
the Madras High Court in Ananomolia Chettiar v.
Malayandi Appaya Naik, (1906) ILR 29 Mad 426
wherein it has been laid down that the doctrine of lis
pendens as embodied in S. 52 of the T.P. Act,
applies to transfers effected during the pendency of
a contentious suit or proceeding even when such
suit or proceeding is subsequently compromised and
a decree passed in pursuance of such compromise
provided such compromise is not tainted by fraud or
collusion. Similarly in Hiranya Bhusan Mukherjee
v. Gouri Dutt Maharaj, AIR 1943 Cal 227 it has
been held that the consequence of the doctrine of lis
pendens is that the transaction pendente lite shall
13576.19WP+
not be allowed to affect the right under the decree
and that as S. 52 of the T.P. Act stands it is
immaterial how the decree is obtained in the suit,
whether after contest or by consent, and that it is
also immaterial whether the decree in the suit is
right or wrong and that it is beyond the competence
of the Court invited to apply the doctrine of lis
pendens to sit in judgment on the previous decree.
From the above referred judgments in the case
of Amarnath and others [supra] and Mohammad Aleem
[supra] of the High Court of Rajasthan and Allahabad, the
principle of law that can be inferred is that the transferee
pendente lite, would be bound by the final outcome of the
suit even if the suit is compromised by the paraties unless
the compromise is vitiated by fraud.
57] Also seen from the context of proviso to Order
21 Rule 100 (proviso is an Maharashtra Amendment) which
reads as under :
"Where it is determined that the application is made
by person to whom the judgment-debtor has
transferred the property after the institution of the
suit in which the decree was passed, the Court shall
dismiss the application under sub-rule (a) above."
13576.19WP+
The proviso to Order 21 Rule 100 of Civil
Procedure Code is akin to Order 21 Rule 102 [which is
deleted by Maharashtra Amendment].
Admittedly, the transferees are not claiming
independent right over the suit property and has purchased
the suit property after the decree had attained finality. As
such, in terms of the proviso to Order 21 Rule 100, the
application is not sustainable.
58] This High Court in the case of Manik Vs. Suhas
Vasantrao Jawadekar & ors. reported in
MANU/MH/4613/2023 at para 53 has held as under :
53. The ratio laid down in the case of Babulal Vs.
Raj Kumar And Others MANU/SC/0507/1996 :
(1996) 3 Supreme Court cases 154, and others cited
supra relied upon by the respondent No. 10 needs
no discussion as the law is clear that when the
obstructionist claim right through the judgment
debtor summary enquiry is to be made under Rule
98 of Order 21. Admittedly, respondent No. 10 was
not the party to the suit. She acquired the title from
the transferee pendente lite. She failed to prove her
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independent title. However, her claim that she did
not know about the pendency of the suit and that
she is a bona fide purchaser without notice is also
not accepted. She did not prove her independent
right. Therefore, her resistance to the possession
warrant was occasioned without any just cause, and
her transaction was made during the pendency of
the suit. She entered in the shoe of the judgment
debtor. Hence, she had no right to resist the
possession warrant.
59] In the instant case, the objectors have
purchased the suit property after the decree had attained
finality and are claiming their right through the judgment
debtor as such they have no independent right beyond the
judgment debtor to resist the decree. However, the
transferee would have independent right against the share
of the transferor which the transferee can agitate in an
independent proceedings, but, in the instant execution
proceedings the transferee cannot be heard independent of
the transferor.
60] I have already held above that the distribution
chart prepared by the Collector and accepted by the
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transferor, cannot be questioned by the transferee pendente
lite. However, for the sake of argument if it is accepted that
the transferee can object to the chart of distribution of
property prepared by the Collector, the next question for
determination would be whether the transferee in the
instant case can seek equitable distribution of the suit
properties, such that the entire share of the transferor can
be adjusted towards the land purchased by the transferee by
accommodating the decree holder in remaining part of suit
property and if it is not possible to adjust the share of the
decree holder in the remaining property whether monetary
compensation can be granted to the decree holder in terms
of the appellate court's order as contended by the
petitioners.
61] The reliance is placed by the petitioners /
transferee in the case of Khemchand Shankar Choudhary
and another Vs. Vishnu Hari Patil & others reported in AIR
1983 SC 124, wherein the Supreme Court at para no.6 has
held as under :
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"6. .... In the case of transferees pendente
lite also, if there is no dispute, the Collector
may proceed to make allotment of properties
in an equitable manner instead of rejecting
their claim for such equitable partition on the
ground that they have no locus standi. A
transferee from a party of a property which is
the subject matter of partition can exercise all
the rights of the transferor. There is no
dispute that a party can ask for an equitable
partition. A transferee from him, therefore,
can also do so. Such a construction of Sec. 54
of the Civil P. C. advances the cause of
justice. Otherwise in every case where a party
dies, or where a party is adjudicated as an
insolvent or where he transfers some interest
in the suit property pendente lite the matter
has got to be referred back to the Civil Court
even though there may be no dispute about
the succession, devolution or transfer of
interest. In any such case where there is no
dispute if the Collector makes an equitable
partition taking into consideration the
interests of all concerned including those on
whom any interest in the subject matter has
devolved, he would neither be violating the
decree nor transgressing any law......."
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62] Relying upon the aforesaid judgment, the
transferee contends that they can seek equitable partition of
the property more so as the transferee claims to have
stepped into the shoes of the transferor and can claim every
thing that the transferor can claim against the decree
holder.
63] In this respect, it is necessary to note the
order dated 02.08.2017 passed by the Supreme Court in
Civil Appeal No.3586 of 2010 wherein the Hon'ble Supreme
Court has held that the effect of the preliminary decree
which has attained finality has to be taken into
consideration while executing the decree [or final decree
proceedings]. By the preliminary decree, the shares of the
parties are apportioned. The shares of the plaintiffs and
defendants are crystallized in the preliminary decree which
has attained finality. The Hon'ble Supreme court in the case
of T.Ravi and another Vs. B. Chinna Narasimha and others
reported in [2017] 7 SCC 342 has examined the effect of
preliminary decree having attained finality and has held at
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para no.45, 46 and 47 as under :
(iv) In re : What is the effect of preliminary
decree for partition and the extent to which it is
binding ?
45. In the instant case preliminary decree was
passed in the year 1970 and the shares were
declared to the aforesaid extent of the respective
parties therein who were the heirs of late Nawab
Jung. Hamid Ali Khan, Defendant 1, had only
14/104th share in the disputed property. Preliminary
decree dated 24-11-1970 has attained finality which
was questioned in appeal on limited extent in the
High Court which has attained finality by dismissal
of LPA on 12-10-1977. Thus the determination of
shares as per preliminary decree has attained
finality, shares of the parties had been crystallised in
each and every property. Purchaser pendente lite is
bound by the preliminary decree with respect to the
shares so determined and it cannot be reopened and
whatever equity could have been claimed in the
final decree proceedings to the extent of the
vendor's share has already been extended to the
purchasers.
46. ...... Therefore, if the reason given by the
High Court is accepted it would mean that no
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finality attaches to decree at all. That is not the law.
A decision is said to be final when, so far as the
court rendering it is concerned, it is unalterable
except by resort to such provisions of the Code of
Civil Procedure as permit its reversal, modification
or amendment. Similarly, a final decision would
mean a decision which would operate as res judicata
between the parties if it is not sought to be modified
or reversed by preferring an appeal or a revision or a
review application as is permitted by the Code. A
preliminary decree passed, whether it is in a
mortgage suit or a partition suit, is not a tentative
decree but must, insofar as the matters dealt with by
it are concerned, be regarded as conclusive. No
doubt, in suits which contemplate the making of two
decrees a preliminary decree and a final decree the
decree which would be executable would be the
final decree. But the finality of a decree or a
decision does not necessarily depend upon its being
executable. The legislature in its wisdom has
thought that suits of certain types should be decided
in stages and though the suit in such cases can be
regarded as fully and completely decided only after
a final decree is made the decision of the court
arrived at the earlier stage also has a finality
attached to it. It would be relevant to refer to
Section 97 of the Code of Civil Procedure which
provides that where a party aggrieved by a
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preliminary decree does not appeal from it, he is
precluded from disputing its correctness in any
appeal which may be preferred from the final
decree. This provision thus clearly indicates that as
to the matters covered by it, a preliminary decree is
regarded as embodying the final decision of the
court passing that decree."
47. Moreover, it is provided in Section 97 CPC as
under:
"97. Appeal from final decree where no
appeal from preliminary decree. - Where any
party aggrieved by a preliminary decree
passed after the commencement of this Code
does not appeal from such decree, he shall be
precluded from disputing its correctness in
any appeal which may be preferred from the
final decree."
It is apparent from the aforesaid Section that the
matters which are concluded by preliminary decree
cannot be reagitated in an appeal against the final
decree. No appeal was preferred by the purchasers
or by Defendant 1 as against the preliminary decree.
64] Thus, in the instant case the preliminary
decree has attained finality after the judgment of the
appellate court. In the decree each of the parties are
granted definite share in each of the ten properties involved
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in the suit. Thereafter the defendant nos. 7 and 8 cannot
transfer anything beyond the share available to the
defendant nos. 7 and 8 in each of the property and the
transferor having transferred beyond their share, the
adjustment of the share of the decree holders in equitable
partition would be unlawful as has been observed by the
Supreme Court in the same judgment i.e. in the case of
T.Ravi and another Vs. B. Chinna Narasimha and others
[supra] at para no.85 has held as under :
85. Though it is true that the purchasers can work
out the equity in the final decree proceedings but it
is only to the legally permissible extent and not
beyond that. The preliminary decree declared the
shares in Item 6 of Schedule B property in specified
shares. The preliminary decree is binding and even
otherwise the sale was valid only to the extent of the
share of Defendant 1 i.e. 14/104th share in the
specific property and not beyond it. This Court in K.
Adivi Naidu v. E. Duruvasulu Naidu, has laid down
that when a specific property comprising of
undivided share in the joint family properties is
purchased by the appellants from alienee of karta of
the joint family prior to partition suit and where the
preliminary decree in partition suit directed that
properties be divided by metes and bounds, taking
the good and bad qualities thereof, then the
preliminary decree was allowed to become final.
This Court held that the trial court should give
effect to the preliminary decree, and though the
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appellants had no equities, the restrictive share to
which the principal alienator was entitled, should be
allotted to them as a special case. In the instant case,
preliminary decree has declared the share only to
the extent of 14/104th in the disputed property in
Item 6, Schedule B. Thus, by no equitable principle
the purchaser can claim the entire property to be
allotted to him.
65] The plaintiffs have received share is specified
properties under the decree which has attained finality.
Thus, the petitioners having purchased suit lands beyond
share of the transferors - defendants in the properties
specified in the decree the transferees are not entitled to
claim equity and claim entire property purchased by them
from the transferor, by adjusting the entire share of the
tranferor in the suit property is the land purchased by the
transferee and dislodge the plaintiff [decree holder] of the
properties received in partition and adjust the plaintiff in
balance properties of the suit.
66] Thus, reliance placed on the judgment of the
Khemchand Shankar Choudhary [supra] is misconceived as
in the instant case the petitioners have purchased the suit
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property beyond the share of the defendants after decree
had attained finality and the shares of each of the party
being crystallized and as such cannot claim anything
beyond the decree which has attained finality.
67] Be that as it may, in the course of argument, I
had asked the learned counsel appearing for the objectors
what according to them would constitute equitable
partition. The oral suggestions which came from the counsel
for the objectors would mean that the decree holder would
almost get nothing and all objectors would be entitled to
hold on to the purchased property although they have
purchased it after the decree. The objectors are holding on
to the property for long period of time in the name of
equitable partition of the property. Not a square feet of land
is received by the decree holder for last 60 years from the
date of decree. The objectors have been able to prolong the
litigation for long period of time by raising frivolous points
and arguing the matter afresh before different courts. The
objectors have purchased the litigation, as observed by the
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Hon'ble Supreme Court. No equity can flow in favour of the
purchasers for the purchase made after the decree which
has attained finality.
68] As regards submissions of Mr.Kulkarni, learned
counsel appearing for the petitioners in Writ Petition
No.13576 of 2019, the plaintiff would be entitled to 7/8th
share only after amendment is carried out in the plaint and
that perusal of the record so far as he is not able to trace
whether such amendment is carried out. The submission of
the learned counsel is misplaced. The decree is
modified on 23.12.1963 by the trial Court in terms of the
direction of the appellate court and the same is possible
only after necessary amendment to plaint. The amendment
is obviously carried out in the plaint. Even otherwise there
was no objection raised to the modification of the decree of
the trial Court in terms of the order of the appellate court
and that the modified decree is not challenged by any party
to the suit at any point of time. The objectors, who have
now intervened at a later stage after the decree has attained
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finality by purchasing the suit property from the judgment
debtor, have created one obstruction or the other by raising
frivolous technical grounds before lower authority to the
highest Court and has not allowed the decree holder to get
fruits of its decree.
69] As regards, the submission of the learned
counsel Mr.S.S.Thombre appearing for the petitioner in Writ
Petition No.14790 of 2019 that the tenancy issue is not
concluded, it needs to be noted that the same has been
argued in earlier round of litigation and the Supreme Court
has observed in its order dated 2 nd August, 2017 that the
effect of surrender of tenancy in the year 1952 has to be
taken into consideration while considering the execution of
decree. Although the tenancy was surrendered in the year
1952, the defendant nos. 7 and 8 approached the appellate
court on the ground of the issue of tenancy, praying before
the appellate court that the issue of tenancy is required to
be decided and thereafter did nothing further to get it
adjudicated. It was only when the report was called from
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the Tahsildar in the execution proceedings before the
Collector, the examination of the record revealed that
tenancy was surrendered in the year 1952. Although the
Hon'ble Supreme court has already concluded this issue,
yet, same arguments are raised every time before different
Judge.
70] As regards submission of Mr.A.P.Bhandari,
learned counsel appearing for the petitioners relating to the
properties at Survey Nos.53/1A is concerned, frivolous
attempt is made by the learned advocate to contest the
partition chart prepared by the Collector claiming that the
objector has independent right over the property survey
No.53/1A although the objector has purchased the property
from the judgment debtor.
71] As regards the contentions regarding Survey
Nos.53/1B which is now read as Survey Nos. 53/1A,
nobody has disputed the area of land of 3 Acres as in plaint
and decree which is available for partition in Survey No.
53/1B of village Chahurana (Bk.). The Collector, who was
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directed by this Court in Writ Petition No.1597 of 2002 to
complete execution himself had directed the competent
authority District Inspector of Land Record to verify record
and submit a report. The District Inspector of Land Record
found that Survey No. 53/1B due to the change in hissa
form No.12 was changed to Survey No.53/1A and the area
is same 3 Acres, therefore, Revenue Authority found
themselves Survey No.53/1B is in the suit Survey No.
53/1A, and therefore, there is no change in the area and
would be available to the parties and no prejudice would be
caused to anyone of the parties because the area in the
original suit is of Survey No.53/1B, is 3 Acres only. The area
description is important in identifying the property,
therefore, the contentions that the land is deleted from
Survey No. 53/1B and land is included from Survey No.
53/1A is not correct. Further the petitioners claim their
right through defendant no.8 and thus cannot raise any
contention beyond the contention of defendant no.8, who
had accepted partition of Survey No. 53/1A. In the
execution proceedings, original judgment debtors have
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accepted the partition in respect of the land at Survey
No.53/1A and 53/1B having area of 3 Acres. The legal heirs
of original defendant no.7 has accepted the partition in
respect of land Survey nos.52/1 and 52/2 before the
Collector, and thus, in terms of the order dated 04.12.2023
passed by the Hon'ble Supreme Court, the petitioners
cannot claim any right beyond the judgment debtors, since
the decree as partitioned by the Collector is accepted by the
original defendants / transferor.
72] However, in the interest of justice, I deem it
necessary to make certain observations on the chart
prepared by the Collector for distribution of the suit
properties. As regards property Nos.46/2 and 131, no land
is given to the share of the plaintiffs and 1/8th share is
given to the defendant no.1. As such, the transferee of the
said property would have an independent right against their
vendor, if necessary in an independent proceedings. Writ
Petition Nos. 13928/2019, 13700/2019, 14787/2019 and
14786/2019 are concerned, the defendants have purchased
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the properties from the defendants [judgment debtors] and
their rights would be independent qua the vendors to the
extent of the share of the vendor from whom they have
purchased the property and they may agitate their rights
independently qua the vendors.
73] As regards Writ Petition No.13927 of 2019, the
petitioner has purchased the property no.50/4 from the
defendant no.1 and the plaintiff no.1. However, no share in
the said property is assigned to the plaintiff nos. 2 and 3. As
such, writ petitioner would have independent claim on the
said property against his own vendor and the same can be
agitated independently if necessary.
74] The learned Single Judge in its judgment and
order dated 27th March, 2018 in Writ Petition No.276 of
2008 has noticed that the matter was argued before him on
05.03.2018 to 08.03.2018 and 10.03.2018 i.e. for 5 days, so
also, before me, these matters were argued on 12.12.2023,
13.12.2023, 14.12.2023, 15.12.2023, 18.12.2023,
19.12.2023 and 20.12.2023 i.e. for 7 days in the post lunch
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session. In view of the directions contained in the order of
the Supreme Court, the matters were taken up for hearing
on day to day basis.
75] It is required to be noticed that the decree of
trial Court in the year 1957 was challenged only on the
ground of tenancy over the suit property by defendant nos.
7 and 8 and although they were aware of surrender of
tenancy in the year 1952. Thereafter, when the decree was
finalized by the appellate court, the suit property was
purchased by the objectors. The objector has raised multiple
objections at various stages to frustrate the execution of the
decree. The objectors have acted in tandem and the same is
obvious from the fact that after the remand order was
passed by the Hon'ble Supreme Court dated 02.08.2017, the
Hon'ble Single Judge had concluded that the transferee had
no right to be heard independent of the transferor. Although
LPA was not available against the said judgment of the
Single Judge and the judgment of Single Judge had attained
finality the objectors in a parallel proceedings were
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successful in setting aside the observations at para 38 (e) of
the judgment of the Single Judge. Multiple obstructions are
created by frivolous litigation after purchasing the litigation
(as is observed by the Hon'ble Supreme Court) and thus
the Decree holder is not able to get the fruits of their decree
and the transferee has remained in possession of the large
property of the plaintiff nos.2 and 3 for decades. As such I
am constrained to impose heavy cost on the writ petitioners,
who are holding unjustifiably possession of land in shares of
plaintiff nos. 2 and 3 for decades.
76] Thus, I proceed to pass the following order :
ORDER
a] As the properties assigned to the share of
plaintiff no.2 and plaintiff no.3, who are contesting the
execution proceedings before various courts, are held in the
possession of the petitioners in Writ Petition
Nos.13576/2019, 14790/2019, 13704/2019, 13693/2019
and 3760/2021 for decades, the Writ Petitions are dismissed
with cost of Rs.10 lacs in each Writ Petition to be paid to the
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plaintiff no.2 and plaintiff no.3 equally, within 8 weeks. The
same amount to be adjusted in an enquiry for mesne profits.
b] Writ Petition Nos.13928/2019, 13700/2019,
14787/2019, 14786/2019 and 13927/2019 are dismissed
with no order as to costs.
c] In view of the directions of the Hon'ble
Supreme Court, the execution proceedings to be completed
within two months from 4th December, 2023.
[ARUN R. PEDNEKER]
JUDGE
. After pronouncement of judgment,
Mr.A.P.Bhandari, learned counsel for the petitioners seeks
stay to the judgment and prays for continuance of the
interim order passed earlier in the Writ Petitions.
. However, in view of the directions given by the
Hon'ble Supreme Court, in its order dated 4th December,
2023 in Petitions for Special Leave to Appeal (C) No (s).
25285-25286/2019 to conclude the execution proceedings
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within a period of two months, the interim stay order
cannot be extended.
. The matters to be listed before the Collector on
5th January, 2024 for further proceedings in execution.
[ARUN R. PEDNEKER]
JUDGE
DDC
