Ravindra Shivaji Wagh and Anr. v. Mahadev Ramhari Malhari and Ors.
Case brief
What is this about?
Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act 1947; Section 36-A bar of jurisdiction; Section 36-B reference of issues to competent authority; framing of additional issues below Exhibit-83; Exhibit-25 preliminary issue maintainability; Regular Civil Suit No. 04 of 2005 / No. 4 of 2018; Civil Judge Senior Division Malshiras, Solapur; declaration of ownership by adverse possession; perpetual injunction against consolidation order dated 23 March 2017; consolidation authorities; writ petition partly allowed; impugned order quashed and set aside; High Court of Bombay Circuit Bench Kolhapur; S. G. Chapalgaonkar J.; 9 December 2025.
What did the court decide?
Impugned order dated 17th October 2024 passed by Civil Judge, Senior Division, Malshiras below Exhibit-83 in Regular Civil Suit No. 04 of 2005 quashed and set aside; application below Exhibit-83 restored to its original file in Regular Civil Suit No. 4 of 2005; Civil Judge, Senior Division, Malshiras directed to reconsider the application and, if necessary, frame issues in light of the High Court's observations.