Hasan Ahamad Mujawar (Decd.) Thr Legal Hers and Ors. vs Smt. Banubai Husen Mujawar and Ors. — Bombay HC (2025) — LawSathi Research

Hasan Ahamad Mujawar (Decd.) Thr Legal Hers and Ors. vs Smt. Banubai Husen Mujawar and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Acceptance, as an undertaking to the Court, of the Respondents-Plaintiffs' statement (on instructions of Respondent No.4 present in Court) that they will not sell, alienate or otherwise create third party interest in the suit property described in paragraph No.1b of the plaint, i.e. agricultural land bearing Survey No.28/3 admeasuring 1H 21R situated at Kupwad, Taluka Miraj, District Sangli; the Writ Petitions were disposed of on that basis.

Issue for consideration

Whether the Respondents-Plaintiffs' statement, on instructions of Respondent No.4 present in Court, that they will not sell, alienate or otherwise create third party interest in the suit property adequately protects the Petitioners' interest, such that the Writ Petitions can be disposed of without further adjudication of the challenge to the impugned orders.

Court's answer

The statement made by Mr. Bodake, on behalf of Respondents-Plaintiffs, on instructions of Respondent No.4 who was present in Court, was accepted as an undertaking to the Court.

Ratio / Principle

Having heard counsel and considered the nature of the dispute, the Court found that the Respondents-Plaintiffs' statement adequately protects the interest of the parties.

Key takeaways

On the basis of the accepted undertaking, the Writ Petition was disposed of.ratio¶body ¶7

Detailed headnote1 paragraphs

Bombay High Court (N.J. Jamadar, J.) disposed of Writ Petitions Nos. 434 and 435 of 2024 filed by the legal heirs of deceased Hasan Ahamad Mujawar, which assailed the judgment and order dated 9 August 2023 of the learned District Judge, Sangli in Misc. Civil Appeal No.156 of 2022 dismissing their appeal against the Civil Judge's order dated 12 May 2022 in Regular Civil Suit No.273 of 2016 restraining the Petitioners from causing obstruction to the Respondents-Plaintiffs' possession and enjoyment of the suit property. By order dated 16 January 2024 the Court had restrained the Respondents from alienating or creating third party rights in the suit properties until admission. Counsel for the Respondents-Plaintiffs, on instructions of Respondent No.4 (Asif Husen Mujavar) present in Court, stated that the Respondents will not sell, alienate or otherwise create third party interest in the suit property described in paragraph No.1b of the plaint, i.e. agricultural land bearing Survey No.28/3 admeasuring 1H 21R at Kupwad, Taluka Miraj, District Sangli. Holding that this statement adequately protected the interests of the parties, the Court accepted it as an undertaking to the Court and disposed of the Writ Petitions.

2025:BHC-AS:2096

901 wp 434 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.434 OF 2024

Hasan Ahamad Mujawar (deceased)

through legal heirs – Kureshabi Hasan Mujawar and Ors.

... Petitioners

versus Banubai Husen Mujawar and Ors. … Respondents

WITH

WRIT PETITION NO.435 OF 2024

Hasan Ahamad Mujawar (deceased) through legal heirs – Kureshabi Hasan Mujawar and Ors.

... Petitioners

versus

Banubai Husen Mujawar and Ors. … Respondents

Mr. Chetan Patil with Mr. B.R.Mandlik, Ms. Rati Sinhasane, for Petitioners. Mr. Dilip Bodake for Respondents.

Mr. Asif Husen Mujavar, Respondent No.4 present.

CORAM: N.J.JAMADAR, J.

DATE : 15 JANUARY 2025

P.C.

Heard the learned Counsel for the parties.

These Petitions assail the judgment and order dated 9 August 2023 passed by the learned District Judge, Sangli, in Misc. Civil Appeal No.156 of 2022 preferred against the order dated 12 May 2022 passed by the learned Civil Judge in Regular Civil Suit No.273 of 2016, restraining the Petitioners from causing obstruction to the possession and enjoyment of the Respondents over the suit property, whereby the appeal preferred by the

SSP 1/2

901 wp 434 of 2024.doc

Petitioners came to be dismissed.

On 16 January 2024, while issuing notice to the Respondents, this Court had restrained the Respondents/Plaintiffs from alienating or creating third party rights in any of the suit properties, until the Petitions are heard for admission.

Learned Counsel for the Respondents-Plaintiffs, on instructions of Respondent No.4, who is present in Court, makes a statement that the Respondents will not sell, alienate or otherwise create third party interest in the suit property described in paragraph No.1b of the plaint i.e. agricultural land bearing Survey No.28/3 admeasuring 1H 21R situated at Kupwad, Taluka Miraj, District Sangli.

Having heard the learned Counsel for the parties, and considered the nature of the dispute, the aforesaid statement made on behalf of the Respondents/Plaintiffs adequately protects the interest of the parties.

The aforesaid statement made by Mr. Bodake, on behalf of Respondents-Plaintiffs, on instructions of Respondent No.4, who is present in Court, is accepted as an undertaking to the Court.

The Writ Petition stands disposed.

( N.J.JAMADAR, J. )

SSP 2/2

Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 17/01/2025 17:25:35