Nivrutti Genu Khandve Since Decd. Thr. Lrs and Ors. vs Balu Gabaji Khandve and Ors. — Bombay HC (2026) — LawSathi Research

Nivrutti Genu Khandve Since Decd. Thr. Lrs and Ors. vs Balu Gabaji Khandve and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Hon'ble Minister requested to decide the stay application expeditiously and within six weeks of communication of the order; petitioner directed to appear before the Hon'ble Minister with the copy of the order on 20th April 2026 at 3.00 p.m.; SDO directed not to pass any final orders in RTS Appeal No.612/2023 for a period of 8 weeks; all contentions kept open and petition disposed of.

Issue for consideration

Whether the SDO should be restrained from finally hearing and deciding RTS Appeal No.612/2023 while the petitioner's revision application and stay application (challenging the SDO's delay-condonation order dated 26th May 2025) remain undecided before the Hon'ble Minister, and whether the Hon'ble Minister should be pressed to decide the stay application expeditiously.

Ratio / Principle

The court requested the Hon'ble Minister to decide the application for stay as expeditiously as possible and in any case within a period of six weeks from the date of communication of the order.

Key takeaways

The petitioner was directed to appear before the Hon'ble Minister with the copy of the court's order on 20th April 2026 at 3.00 p.m.ratio¶¶19
For a period of 8 weeks from the date of the order, the SDO was directed not to pass any final orders in RTS Appeal No.612/2023.ratio¶¶20

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction — Writ Petition No.3165 of 2026 (M.S. Karnik & S.M. Modak, JJ.), disposed of on 16th April 2026. The proceedings concern RTS Appeal No.612/2023, filed by respondent No.1 on 27th July 2023 with an application for condonation of delay, arising out of Mutation Entry No.38774 effected in favour of the petitioner (Nivrutti Genu Khandve, since deceased, through LRs, and others). The SDO condoned the delay by order dated 26th May 2025; the petitioner's revision application and stay application (stay filed 12th September 2025) challenging that order remained unheard before the Hon'ble Minister, while the SDO proceeded with the appeal hearing listed for 20th April 2026. The court requested the Hon'ble Minister to decide the stay application within six weeks of communication of the order, directed the petitioner to appear before the Minister on 20th April 2026 at 3.00 p.m. with a copy of the order, and restrained the SDO from passing any final orders in the RTS Appeal for eight weeks, disposing of the petition with all contentions kept open.

LSP 1 911 wp 3165.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

Writ Petition No.3165 of 2026

Nivrutti Genu Khandve since deceased through LR s and others … Petitioners

V/s.

… Balu Gabaji Khandve and others Respondents.

Mr. Nachiket Khaladkar for the petitioners.

Mrs. G.R.Raghuwanshi, AGP for respondent Nos.2 and 3.

CORAM : M.S. KARNIK & S.M. MODAK, JJ.

DATE : 16^th April 2026.

P.C. :

1. Heard learned counsel for the parties.

Digitally LATASUNIL signed byLATA SUNILPANJWANIDate: PANJWANI 2026.04.17 11:24:03 +0530

We are not referring to facts in detail. Suffice it to observe that RTS Appeal No.612/2023 was filed by respondent No.1 on 27^th July 2023 along with the application for condonation of delay. The proceedings have arisen out of Mutation Entry No.38774 effected in favour of the petitioner. The petitioner filed reply to the application for condonation of delay in RTS Appeal No.612/2023 on 1^st December 2023. Rejoinder dated 13^th April 2024 was filed by

LSP 2 911 wp 3165.26.doc

respondent No.1to the reply filed by the petitioner to the application for condonation of delay.. The SDO passed an order in RTS Appeal No.612/2023 on 26^th May 2025 whereby the delay was condoned. The petitioner preferred a revision application and stay application before the Hon’ble Minister challenging the order dated 26^th May 2025 passed in RTS Appeal No.612/2023.

Learned counsel for the petitioner submitted that neither application was stayed nor the revision application has been heard by Hon’ble Minister. In the meantime, the SDO is proceeding with the hearing of the appeal and the matter is now listed on 20^th April 2026. It is submitted that if the appeal is finally heard and decided by the SDO, it will cause serious prejudice to the petitioner.

We have heard learned AGP who opposed the petition.

We find the application for stay before the Hon’ble Minister was filed on 12^th September 2025. We, therefore, request the Hon’ble Minister to decide the application for stay as expeditiously as possible and in any case within a period of six weeks from the date of communication of this order. The Petitioner to appear before the Hon’ble Minister alongwith the copy of this order on 20^th April 2026 at 3.00 p.m.

For a period of 8 weeks from today, the SDO not to pass any final orders in the RTS Appeal No.612/2023.

LSP 3 911 wp 3165.26.doc

Keeping all contentions open, petition is disposed of.

(S.M.MODAK,J.) (M.S.KARNIK, J.)