Disposed¶22

Mahadeo Ramchandra Patil v. State of Maharashtra Thru. Collector and Ors.

Bombay HC22 Jan 2025WP/915/2025

Case brief

AI extract

What is this about?

Bombay High Court writ petition interim order; WP 915 of 2025; Mahadeo Ramchandra Patil v. State of Maharashtra through Collector and ors.; adverse possession; amendment of plaint; change of nature of suit; review application rejected; Civil Judge orders 26.09.2022 and 10.07.2024; notice returnable 26.02.2025; ad-interim relief in terms of prayer clause (c); private service affidavit; N. J. Jamadar; Manoj Sabale; Sulbha Chipade AGP.

What did the court decide?

Interim directions only: notice issued to the respondents returnable on 26th February, 2025, with liberty to serve by private process and file affidavit of service, and ad-interim relief granted in the meanwhile in terms of prayer clause (c); the merits remain open. ¶22

Mahadeo Ramchandra Patil vs State of Maharashtra Thru. Collector and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the averments in paragraph 14 of the plaint that the plaintiff had perfected title over the suit property by way of adverse possession raise an arguable question. +1 more

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Court's answer

The averments in paragraph 14 of the plaint that the plaintiff had perfected the title over the suit property by way of adverse possession raise an arguable question.

¶20

Ratio / Principle

Notice ordered to the respondents, returnable on 26th February, 2025.

¶22

Key takeaways

In addition to notice through the Court, the petitioner is at liberty to serve the respondents by private service and file affidavit of service.ratio¶23
In the meanwhile, ad-interim relief granted in terms of prayer clause (c).ratio¶24

Detailed headnote1 paragraphs

WRIT PETITION NO. 915 OF 2025 (Mahadeo Ramchandra Patil v. State of Maharashtra through Collector and ors.), High Court of Judicature at Bombay (Civil Appellate Jurisdiction), N. J. Jamadar, J., 22nd January, 2025 - Interim order. The petition assails (i) the order dated 26th September, 2022 passed by the learned Civil Judge rejecting the application for amendment in the plaint sought so as to claim title over the suit property by way of adverse possession, on the premise that it would change the nature of the suit, and (ii) the order dated 10th July, 2024 rejecting the application for review thereof. On perusal of the plaint, the Court found that the averments in paragraph 14 thereof - that the plaintiff had perfected title over the suit property by way of adverse possession - raise an arguable question, and accordingly issued notice to the respondents returnable on 26th February, 2025, permitted private service with affidavit of service in addition to notice through Court, and granted ad-interim relief in terms of prayer clause (c). No statute or precedent is cited; the final merits were left open for the returnable date.

Mahadeo Ramchandra Patil v. State of Maharashtra Thru. Collector and Ors.

Case brief

What is this about?

What did the court decide?

Mahadeo Ramchandra Patil v. State of Maharashtra Thru. Collector and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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