Dismissed¶21

Dinkar Dhanaji Borse and Ors. v. Bhavrao Daga Borse and Anr.

Bombay HC24 Apr 2025WP/2070/2024

Case brief

AI extract

What is this about?

Writ Petition 2070 of 2024, Bombay High Court, Jamadar J., 24-04-2025, dismissed. Consolidation scheme area discrepancy — village Shirsondi, Taluka Malegaon; application (Exhibit-15) for reference by Civil Court rejected; remedy lies under Section 32 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 ('Consolidation Act, 1947'); Civil Court reference not warranted; background: suit against Sub-Divisional Officer's order in RTS (Encroachment) Application No.52 of 2020; temporary injunction staying removal of encroachment over 19 R. land.

What did the court decide?

It is for the plaintiff to work out his remedies under the provisions of Section 32 of the Consolidation Act, 1947; a reference by the Civil Court is not warranted. ¶19

Dinkar Dhanaji Borse and Ors. vs Bhavrao Daga Borse and Anr. — Bombay HC (2025) — LawSathi Research

¶1

6-WP2070-2024.DOC

¶2

Santosh

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO. 2070 OF 2024

¶6

Dinkar Dhanaji Borse and ors. ...Petitioners Versus Bhavrao Daga Borse and anr. …Respondents

¶7

SANTOSH SUBHASH KULKARNI

¶8

Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2025.04.27 12:27:11 +0530

¶9

Mr. Amey Deshpande, i/b J. D. Khairnar, for the Petitioners.

¶10

CORAM: N. J. JAMADAR, J. DATED: 24^th APRIL, 2025

¶11

PC:-

¶12

Heard the learned Counsel for the petitioners.

¶13

The challenge in this petition is to an order dated 30^th September, 2023 passed by the learned Civil Judge, Malegaon, whereby an application (Exhibit-15) preferred by the petitioner – plaintiff to refer the issue of alleged discrepancy and correction in the scheme settled under the The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (“the Consolidation Act, 1947”), came to be rejected.

¶14

The plaintiff had instituted a suit for a declaration that the order passed by the Sub-Divisional Officer, Malegaon, in the RTS (Encroachment) Application No.52 of 2020 was illegal and not binding on the plaintiff and the consequential relief of injunction. In the said suit, an application for temporary

¶15

1/2

¶16

6-WP2070-2024.DOC

¶17

injunction was filed and the trial court was persuaded to grant injunction to stay the execution, operation and implementation of the order passed by the Sub-Divisional Officer for removal of encroachment over 19 R. land, which the plaintiff has allegedly committed.

¶18

It is the case of the plaintiff that in the consolidation scheme settled for village Shirsondi, Taluka Malegaon, the area has been incorrectly recorded. Though the entries are made in the record of rights of the suit properties yet actual possession of 19 R. disputed land is with the plaintiff.

¶19

This being the case of the plaintiff, it is for the plaintiff to work out his remedies under the provisions of Section 32 of the Consolidation Act, 1947. Reference by the Civil Court is not at all warranted. It is for the plaintiff to establish that the area has been incorrectly recorded in the consolidation scheme. Thus, the learned Civil Judge committed no error in rejecting the application.

¶20

Resultantly, no interference is warranted in the impugned order.

¶21

The petition stands dismissed.

¶22

2/2

Dinkar Dhanaji Borse and Ors. v. Bhavrao Daga Borse and Anr.

Case brief

What is this about?

What did the court decide?

Dinkar Dhanaji Borse and Ors. v. Bhavrao Daga Borse and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Union of India vs the Liquidator

Manmohan Balkrishna Jhunjhunwala and Ors. vs Anita Vijay Jhunjhunwala and Anr.

Jade Traders Private Ltd. vs Credence Analytics Pvt. Ltd.

Kekasha Parveen Varsi vs Husna Abdul Rashid Qureshi Aka and Ors.

Late Pundalik Marya Mhaskar Since Decd Thr Legal Heirs vs Parshuram Govind Patil and Ors.

The Ghatkopar Shanti Co-Op. Hsg Society Ltd. vs Dipti Hasmukh Desai and Anr.