Ratanlal Gangaram Mehta (Decd.Thr.Lrs) Abhishek Mahavir Mehta v. Sharad Raghunath Ingole(Decd.Thr.Lrs) Satish Sharad Ingole

Bombay HC19 Jun 2024IA/802/2024

Case brief

AI extract

What is this about?

Second appeal against reversal by the First Appellate Court in an encroachment/boundary dispute over adjoining lands. The court framed four substantial questions of law concerning joint survey, validity of the survey map at Exhibit-198, civil court jurisdiction, and remand under Order XLI CPC, and issued notice for final disposal.

What the court decided

AI extract

Ratanlal Gangaram Mehta (Decd.Thr.Lrs) Abhishek Mahavir… — Property and Title | Bombay HC (2024)

¶1

31-SA-49-2024.docx

¶2

rrpillai

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

SECOND APPEAL NO. 49 OF 2024

¶5

WITH

¶6

CIVIL APPLICATION NO. 802 OF 2024

¶7

Ratanlal Gangaram Mehta … Appellant/Applicant (Decd. Through LRS) Abhishek Mahavir Mehta Vs.

¶8

Sharad Raghunath Ingole … Respondents (Decd. Through LRs) Satish Sharad Ingole and Others

¶9

Mr. Shashank C. Mangle h/f. Mr. Satish S. Raut for the Appellant/Applicant.

¶10

CORAM : GAURI GODSE, J.

¶11

DATE : 11^th DECEMBER 2024

¶12

ORDER :

¶13

Heard learned counsel for the appellant. The second appeal raises the following substantial questions of law :

¶14

(i) In the facts of the case pertaining to the dispute of the

¶15

adjoining land owner, whether it was necessary to direct joint survey of both the lands ?

¶16

Digitally signed by RAJESHWARIRAMESH RAJESHWARIRAMESHPILLAI PILLAI Date: 2024.12.13 10:50:17 +0200

¶17

1/3

¶18

31-SA-49-2024.docx

¶19

(ii) Whether the trial court’s findings on accepting the encroachment as shown in map at Exhibit-198 could have been reversed by the First Appellate Court by holding that the survey map at Exhibit-198 was invalidated in as much as the map at Exhibit-198 prepared as per procedures followed under the Maharashtra Land Revenue Code was never challenged by the defendants ?

¶20

(iii) Whether the findings recorded by the First Appellate Court on the validity of the map at Exhibit-198 would amount to findings recorded beyond the jurisdiction of the Civil court ?

¶21

(iv) Whether the First Appellate Court ought to have exercised powers under Rule 23A read with Rule 25 of Order XLI of the Civil Procedure Code, 1908 (“CPC”) and considered remanding the matter back for fresh survey and recording evidence or call for necessary findings from the trial court after framing necessary issues ?

¶22

Office is directed to issue notice for final disposal of the second appeal on the aforesaid questions of law.

¶23

2/3

¶24

31-SA-49-2024.docx

¶25

Notice is made returnable on 12^th February 2025.

¶26

In addition to court notice, learned Advocate for the appellant to serve the respondents by private service and file service affidavit before the next date.

¶27

Interim Application No. 802 of 2024

¶28

Rule on interim relief in terms of prayer clause (c) and (d) is made returnable on 12^th February 2025.

¶29

In addition to court notice, learned Advocate for the applicant to

¶30

serve the respondents by private service and file service affidavit

¶31

before the next date.

¶32

[GAURI GODSE, J.]

¶33

3/3

Ratanlal Gangaram Mehta (Decd.Thr.Lrs) Abhishek Mahavir Mehta v. Sharad Raghunath Ingole(Decd.Thr.Lrs) Satish Sharad Ingole

Case brief

What is this about?

What the court decided

Ratanlal Gangaram Mehta (Decd.Thr.Lrs) Abhishek Mahavir Mehta v. Sharad Raghunath Ingole(Decd.Thr.Lrs) Satish Sharad Ingole

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shri. Mohan Nathu Hagavane vs Rajiv Purushottam Bodas Prop. Sharda Developers and Investment Company and Ors.

Sudhir Suresh Chavan vs Priyanka Sudhir Chavan

Dinesh Devaji Bhoir and Ors. vs Sushil Narayan Kaushik and Anr.

Ashok Shripad Bharti vs P.N. Krishna Swami and Anr.

Mrs. Prasanna Vijay Salvi and Anr. vs Shri. Shekhar Gangaram Panvalkar and Ors.

Alimiya Abdul Rehman Mukadam vs Salim Mahmud Thakur