Disposed¶15

Shrikrushna Laxman Kuware v. Santosh Tejrao Deshmukh

Bombay HC28 Jan 2026CAS/1059/2024

Case brief

AI extract

What is this about?

Withdrawal of second appeal with liberty; Second Appeal No. 383 of 2025 and Second Appeal (Stamp) No. 22601 of 2024; Bombay High Court Nagpur Bench; Rohit W. Joshi J.; Maharashtra Land Revenue Code 1966; Section 36A M.L.R. Code; claim that defendant is a 'tribal'; permission for transfer of property; restoration of possession; agreement of sale coupled with possession; hearing to respondent/original plaintiff; contention that appellant is not a tribal kept open; pending civil applications disposed; neutral citation 2026:BHC-NAG:1358; decision dated 28 January 2026.

What did the court decide?

Leave to withdraw both second appeals granted with liberty to initiate appropriate proceedings under the Maharashtra Land Revenue Code, 1966; pending civil applications disposed of. ¶15

Shrikrushna Laxman Kuware vs Santosh Tejrao Deshmukh — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to withdraw both second appeals granted with liberty to initiate appropriate proceedings under the Maharashtra Land Revenue Code, 1966; pending civil applications disposed of.

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Issue for consideration

Whether the defendant/appellant is a 'tribal' within the meaning of Section 36A of the Maharashtra Land Revenue Code - a contention bearing on opposing proceedings for permission to transfer the property and for restoration of possession; the respondent's contention that the appellant is not a tribal was expressly kept open.

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Court's answer

The contention of the respondent that the appellant is not a tribal is kept open.

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Ratio / Principle

Permission granted to withdraw Second Appeal No. 383 of 2025 and Second Appeal (Stamp) No. 22601 of 2024, with liberty as prayed to take appropriate steps under the Maharashtra Land Revenue Code, 1966.

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Key takeaways

Any proceeding initiated by the defendant/appellant in this regard shall be decided after affording an opportunity of hearing to the respondent/original plaintiff.ratio¶16
Pending Civil Applications are disposed of.ratio¶17

Detailed headnote1 paragraphs

Shrikrushna Laxman Kuware v. Santosh Tejro Deshmukh (Bombay HC, Nagpur Bench; Rohit W. Joshi, J.; 28-01-2026; 2026:BHC-NAG:1358): After some argument, counsel for the appellant-defendant sought leave to withdraw Second Appeal No. 383 of 2025 and connected Second Appeal (Stamp) No. 22601 of 2024, with liberty to take appropriate steps under the Maharashtra Land Revenue Code, 1966 - invoking Section 36A (defendant claimed to be a 'tribal') and an agreement of sale coupled with possession - to oppose proceedings seeking permission for transfer of property and to seek restoration of possession. Permission to withdraw was granted with liberty as prayed. The Court directed that any proceeding initiated by the defendant/appellant in that regard be decided after affording the respondent/original plaintiff an opportunity of hearing, and kept open the respondent's contention that the appellant is not a tribal. Pending civil applications were disposed of. No issue on the merits was adjudicated.

Shrikrushna Laxman Kuware v. Santosh Tejrao Deshmukh

Case brief

What is this about?

What did the court decide?

Shrikrushna Laxman Kuware v. Santosh Tejrao Deshmukh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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