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Code of Civil Procedure, 1908

4216 judgments · newest first · showing 1–200

MAGBOOL BAKSHU INAMDARversusJANABAI NANABHAU KHODADE AND OTHERS

DISPOSED OFF

The petitioner, who bought a 4‑hectare property via a 1978 sale deed, later filed a partition suit in 2002 after an earlier suit partially declared the deed void. During the suit, the petitioner discovered that a parcel (Gat No.93) was omitted and applied to amend the suit under Order VI Rule 17 of …

Madhuri Rahul KolheversusRahul Uttam Kolhe

DISMISSED

The applicant-wife filed an application under Section 24 of the Civil Procedure Code seeking transfer of matrimonial proceeding No. A‑2255 of 2025 from the Family Court, Bandra, Mumbai to the Family Court, Dharashiv. The respondent‑husband, through his counsel, consented to the transfer. The Court …

TUKARAM HARI PATIL.versusTHE COMMISSIONER (REVENUE ) and OTHERS.

DISPOSED OFF

The petitioner, Tukaram Hari Patil, challenged a show‑cause notice dated 13‑08‑1996 issued by the Commissioner (Revenue) under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, alleging that the notice sought to reopen a land transfer already adjudicated in 1976 and confirmed in …

COMMISSIONER OF CENTRAL EXCISE AURANGABAD (NOW COMMISSIONER OF CENTRAL GST AND SERVICE TAX)versusM/S MILLENNIUM BEER INDUSTRIES LTD., BANGALORE NOW (M/S UNITED BREWERIES LTD. AURANGABAD)

DISMISSED

The Commissioner of Central Excise (now Commissioner of Central GST and Service Tax) issued a show‑cause notice on 19‑12‑2012 demanding service tax for transactions between 23‑09‑2009 and 15‑11‑2011 carried out by M/s Millennium Beer Industries Ltd. on behalf of United Breweries Ltd. The Appellate …

MACHINDRA GOVIND JADHAVversusVIJAY SOPANRAO BANKAR AND OTHERS

DISPOSED OFF

Machindra Govind Jadhav filed a civil application under Order 5 Rule 20 of the CPC seeking substituted service of court notices on respondents 4 and 6 by publishing them in the Daily Sakal (Nashik edition). Earlier, notices had been served via bailiff as per an order dated 02.07.2025, but the …

DAYANAND BHUSHANRAO AMBEKARversusASHOK BHAURAO BIRADAR

DISPOSED OFF

The petitioner, originally the defendant in a rent suit, failed to appear for a scheduled hearing in August 2021 due to the COVID-19 pandemic and an ex‑parte decree was subsequently passed. He filed applications seeking time to file a written statement and to set aside the ex‑parte order, but the …

VAIBHAVI VIKAS KHADEversusVIKAS LAXMAN KHADE

DISPOSED OFF

The applicant, Vaibhavi Vikas Khade, filed an application under Section 24 of the Code of Civil Procedure seeking transfer of H.M.P. No. 158 of 2025 from the Civil Judge, Senior Division, Beed to the Civil Judge, Senior Division, Gangakhed. The minor daughter, about four years old, resides with the …

KADU SITARAM WANKHEDE AND ANOTHERversusLILADHAR HIRAMAN BARHATE AND OTHERS

DISPOSED OFF

The petitioners, who were original defendants in a civil suit, filed a writ petition challenging two orders that granted a temporary injunction to the plaintiffs and were later affirmed on appeal. The trial court had granted the injunction under Order XXXIX, Rules 1 and 2, read with Section 151 of …

ANMIKA ALIAS USHA PINKESH PATNIversusPINKESH ABHAYAKUMAR PATNI

APPLICATION ALLOWED

The wife, Anmika Patni, filed a transfer application under Section 24 of the Civil Procedure Code seeking to move Hindu Marriage Petition No. 82 of 2025, filed in Sillod, to the court in Kopargaon where she resides with her minor child. The marriage had broken down due to alleged cruelty by the …

BHIM HANMANT LADADE AND ANOTHERversusQURASHI MUNEER BASHIR AHMED AND OTHERS

DISPOSED OFF

Petitioners Bhim Hanmant Ladade and another filed a writ petition challenging an order passed under Order 7 Rule 11 of the Civil Procedure Code, which rejected their application for rejection of the plaint. Their counsel argued that the proper remedy was a civil revision application, not a writ, and …

LATE PRAKASH UTTAM RAJPUT THR. LRS JIJABAI PRAKAASH RAJPUT AND ORSversusTHE SPECIAL LAND ACQUISITION OFFICER -2, UPPER TAPI PRAKALP (HATNOOR), JALGAON AND ANR

Admitted/Allowed/Granted/Rule Absolute

The petitioners, a group of landowners, filed civil applications seeking condonation of delay in filing appeals against judgments of the Civil Judge Senior Division, Amalner. They challenged the partial awards and argued that the delay was not intentional, providing satisfactory explanations. The …

KAVITA ASHOKRAO TAYNATHversusPUNJARAM DAULATRAO GONDAGE AND OTHERS

DISPOSED OFF

The petitioner challenged a January 13, 2026 order of the Civil Judge, Senior Division, Parbhani, which had declared Respondent No.1 to be of unsound mind and permitted the appointment of his son‑in‑law as a next friend to continue a suit concerning a sale deed. Respondent No.1 had earlier filed the …

VIJAY NARAYANDAS RIZWANIversusBHASKARRAO BAPURAO PATIL KHATGAONKAR AND OTHERS

DISPOSED OFF

The petitioner, Vijay Narayandas Rizwani, filed a writ petition challenging the trial court's order that impleaded Respondents 3 and 4 (the wife and son of Respondent 2) as parties in his suit for simpliciter injunction against Respondents 1 and 2 over a 40‑R agricultural plot. The petitioner argued …

SAYYED ANWAR ABBASversusJAMSHEDSHABBIR SHAIKH AND ANOTHER

DISPOSED OFF

The petitioner filed a writ petition under Article 226 seeking relief from an execution petition filed under Order XXI Rule 97 of the Code of Civil Procedure, which had been rejected by the executing court. The High Court stayed the execution proceedings on 23 March 2022, but the writ petition was …

DEVIDAS BHASKR THORAT AND OTHERSversusGULAB EKNATH THORAT

DISPOSED OFF

The petitioners, who are defendants in Civil Suit No.148 of 2023, faced a temporary injunction issued by the trial court in favor of the respondent who sought specific performance of a sale deed. The respondent appealed the trial court’s findings, and the District Court set aside the injunction. The …

ABDUL SALAM ABDUL SATTAR AFGHANversusGAJANAN MADANDAS VAISHNAV

DISPOSED OFF

The landlord Gajanan Madanlal filed a civil revision challenging the District Judge's order that remanded the execution of a decree granting him possession of shop CTS No.1888. The trial court had decreed eviction on the ground of bona‑fide requirement, a decision affirmed by the appellate court, …

LOKYABAI SAMBHAJI PAWARversusMEERABAI SHRIRAM PAWAR AND OTHERS

DISPOSED OFF

Lokyabai Pawar filed a civil suit seeking possession and injunction over land, alleging encroachment by defendants Meerabai and others. The husband of defendant Meerabai, Shriram, applied under Order 1 Rule 10 of the CPC to be impleaded as a necessary party, claiming possession of the land, and the …

ANURADHA KAKASAHEB TUPE AND OTHERSversusJANARDHAN RANGNATH TUPE AND OTHERS

DISPOSED OFF

The petitioners filed Civil Suit No.164 of 2021 seeking a temporary injunction under Order XXIX Rule 1 & 2 read with Section 151 of the CPC. The trial court rejected the injunction application, and the district court dismissed the subsequent appeal. Dissatisfied, the petitioners filed a writ …

BALAJI MAROTRAO SARSEversusRAMRAO MAROTRAO SARSE AND ANOTHER

DISMISSED

The appellant, Balaji Marotrao Sarse, objected to the payment of compensation to respondent No.1 for land acquired for the Isapur Right Canal project. He had earlier consented to release an advance amount to the same respondent and claimed that a compromise decree in a 1998 suit established his …

FATRU ALIKHAN KHADAR ALIKHAN LASHKARI THROUGH LRS JULEKHABI FATRU ALI KHAN AND OTHERSversusISHRAT ALIKHAN KHADAR ALIKHAN LASHKARI THROUGH LRS KHAMRAMUNNISA ISHRAT ALI LASHKARI AND OTHERS

DISPOSED OFF

The petitioners challenged a judgment dated 31‑August‑2019 in which a Junior Division Civil Judge set aside an ex‑parte decree in a partition suit (Civil Suit No.141/2002). The original suit had proceeded ex‑parte against 27 defendants, some of whom were not properly served. The respondents filed …

JAYSHREE VIRBHADRA GABANEversusRACHAPPA SHANKAR GABANE AND ANOTHER

DISPOSED OFF

The respondents filed Civil Suit No.311/2019 seeking a declaration of ownership and perpetual injunction over a plot of land. The petitioner, before notices could be served, filed Civil Suit No.365/2019 seeking only a perpetual injunction over the same land. The trial court, invoking Section 10 of …

BHIMRAO SAMBHAJI KADAMversusMAHADEV FAKIRA GORE AND OTHERS

DISPOSED OFF

The petitioner Bhimrao filed a civil suit for declaration and injunction and later applied to amend the suit under Order VI Rule 17 of the CPC to limit his claim to an equal share of water from a well. The trial court rejected the amendment, prompting a writ petition. The petitioner argued that the …

MOHAN VISHNU MATRE AND OTHERSversusVISHNU GOPINATH MATRE AND OTHERS

DISPOSED OFF

The petitioners, who are plaintiffs in a partition suit, challenged the trial court's framing of Issue No.1 which placed on them the burden of proving that the suit property is ancestral. They argued that, because the defendants claimed the property is self‑acquired, the burden should shift to the …

KESHARCHAND BHILAJI DUBELEversusSURESH RAGHUNATH KHANDRE

DISPOSED OFF

The petitioners, who are adjacent landholders, filed a civil suit alleging that the defendants had encroached upon their property. After a Court Commissioner’s survey, the plaintiffs sought to amend the plaint to (i) correct the measured area of encroachment, (ii) rectify a typographical error …

ARJUN VITHOBA SHINDEversusRAJENDRA BABASAHEB SURUANKAR AND ORS

DISPOSED OFF

The petitioner, Arjun Vithoba Shinde, challenged a trial court order dated 04.03.2026 that rejected his application to amend the plaint in Special Civil Suit No.212 of 2015. The amendment request was filed after the trial had commenced and the case was posted for final argument. The trial court held …

SHOBA SURESH KADLAGversusARUNA JAGANNATH KADLAG AND OTHERS

DISPOSED OFF

The petitioner challenged a February 2023 order of the 4th Civil Judge, Junior Division, Sangamner, which appointed a Court Commissioner under Order XXVI Rule 9 of the Code of Civil Procedure in a suit for simpliciter injunction. The petitioner argued that such appointment should not be entertained …

ANNASAHEB RAJU KALE AND OTHERSversusASHOK NAMDEO KALE

DISPOSED OFF

The petitioners, who were original defendants, challenged a 4 March 2015 order of the 2nd Joint Civil Judge Senior Division, Sangamner, which denied their request for cross‑examination of the plaintiff in a suit for perpetual injunction over land. They contended that the refusal violated the …

MAHANANDA GANESH MENKUDLE AND OTHERSversusFAKIR MAHEMEUD SHAIKH AND OTHERS

DISPOSED OFF

The petitioners filed a writ petition challenging the order of the 3rd Joint Civil Judge, Junior Division, Osmanabad, which had rejected their application under Order XXI Rule 97 of the Civil Procedure Code. They argued that Defendant No.3 had died before the decree was passed, making the decree a …

NEHA GAJANAN JAVALE @ NEHA SANTOSH GAIKAWADversusGAJANAN BALAJI JAVALE

APPLICATION ALLOWED

The applicant filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No.9/2026 from the Civil Judge Senior Division, Basmat to the Family Court, Parbhani. The court noted that the parties have a minor daughter of about two and a half …

Shivani Irappa AdargunchiversusIrappa Yellappa Adargunchi

APPLICATION ALLOWED

The applicant, Shivani Irappa Adargunchi, filed an application under Section 24 of the Code of Civil Procedure seeking the transfer of a Hindu Marriage Petition (judicial separation) filed by her husband from the Family Court at Nanded to the Family Court at Pune. The husband initially opposed the …

SHAIKH FAYYAZ SHAIKH AYYAZ AND OTHERSversusSHAIKH NASER SHAIKH IBRAHIM

DISPOSED OFF

The petitioner challenged the temporary injunction granted in a civil suit (Suit No.64 of 2023) and its subsequent confirmation, arguing that the suit was frivolous and the injunction should not have been issued. The injunction was granted on the basis of prima facie case, balance of convenience, …

RATNAPRABHA KISHOR PATILversusTHE STATE OF MAHARASHTRA AND ORS

DISPOSED OFF

Ms. Shreya S. Battise filed a First Appeal challenging an order passed by the Reference Court under Order VII, Rule 11(d) of the Civil Procedure Code. She later sought to withdraw the appeal and instead pursue a writ petition against the same order. The Court examined whether the appeal could be …

SHABBIR USMAN SHAIKHversusNAWABBI HUSSAIN SHAIKH AND OTHERS

DISPOSED OFF

The petitioner, who is also defendant No.3, filed a writ petition seeking a decree for removal of encroachment, recovery of possession and perpetual injunction under Order XX Rule 12 of the Civil Procedure Code after a trial court had passed a ‘no say’ order for default because he failed to file a …

RAMRAO BABARAO MANEversusTHE STATE OF MAHARASHTRA AND ORS

PARTLY ALLOWED AND PARTLY DISMISSED

The appellants' agricultural lands in Kalgaon village were acquired under the Land Acquisition Act, 1894 for flood rehabilitation, and the Special Land Acquisition Officer initially awarded compensation of Rs.1,110 per rupee. The appellants protested and sought a reference under Section 18, where …

VITHALRAO BABARAO MANE (LRS) SUBHASH AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

PARTLY ALLOWED AND PARTLY DISMISSED

The appellants' agricultural lands in Kalgaon village were acquired in 2006 for flood rehabilitation under the Land Acquisition Act, 1894. The Special Land Acquisition Officer initially awarded compensation of Rs.1110 per rupee, which the claimants accepted under protest and then sought a reference …

TATYARAO KASHINATH BANSODEversusKAILASH KISAN BANSODE AND OTHERS

DISPOSED OFF

The petitioner, Tatyarao Kashinath Bansode, filed a writ petition challenging the trial court’s order rejecting his application for appointment of a Court Commissioner in a civil suit for possession of 13 R of land. The trial court had held that the onus of proving ownership lay on the plaintiff and …

SURESH S/O BALBHIM PALVEversusPANDHARINATH S/O VINAYAK PALVE

Rejected at Admission stage

The petitioners filed a civil revision seeking to set aside a trial court order that rejected their application to stay a second suit for partition. They argued that the second suit was barred under Order II Rule 2 of the Civil Procedure Code, 1908, on the ground of res judicata. The respondent …

NAYANA NIVRUTTI KOTHALKARversusNIVRUTTI SAKHARAM KOTHALKAR

Rejected at Admission stage

The wife filed a Section 24 CPC application seeking transfer of a marriage petition and a civil suit from Buldhana to Jalgaon, alleging the 115‑km distance, lack of accompaniment and financial hardship. She also argued that her pending Protection of Women from Domestic Violence Act (PWDVA) case in …

MIRABAI TRYMBAK PATILversusGUNWANTRAO CHAITNYARAO PATIL AND OTHERS

APPLICATION ALLOWED

The applicant filed Civil Application No. 8655 seeking condonation of a 112‑day delay in filing a second appeal against a decree for possession of a mortgaged property. The court examined the reasons for the delay and found them neither deliberate nor intentional, granting condonation in the …

SHANKAR FAKIRA GAIKWAD AND ORSversusBABAN GOVIND CHOURE AND ORS

PARTLY ALLOWED AND PARTLY DISMISSED

Chhaya Shankar Gaikwad died in a motor vehicle accident and her dependents filed a claim for compensation. The Motor Accident Claims Tribunal awarded compensation but omitted amounts for loss of future prospects and loss of consortium. On appeal, the High Court applied Supreme Court precedents …

VAIJANATH VENKATRAO JADHAVversusSUBHASH RAMRAO JADHAV AND OTHERS

DISPOSED OFF

The applicant filed Special Civil Suit No.146 of 2023 seeking specific performance of a sale agreement and a perpetual injunction. The respondents contended that the plaintiff had earlier instituted Regular Civil Suit No.265 of 2021 on the same transaction, and therefore the later suit was barred by …

BALAJI DHONDIRAM GAVANE AND ANOTHERversusANNUSAYA VAYANKAT GAVANE AND OTHERS

DISPOSED OFF

The petitioners, Balaji Dhondiram Gavhane and another, sought restoration of their writ petition (No. 1917/2026) after it was dismissed for failure to bring on record the legal heirs of Defendant No. 4, Raosaheb Pundalik Gavane. The dismissal was based on a deadline set by the court, which the …

NISHA VINOD YEOLEversusVINOD SUKHDEO YEOLE

Rejected at Admission stage

The applicant filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure seeking to transfer Marriage Petition No. 377 of 2021 from Jalgaon to Beed. No notice was issued to the respondent in the application. When the matter was called for hearing, the applicant failed to …

SUSHILABAI AMBADASRAO and OTHERS.versusAMBABAI BHAGWANRAO and OTHERS.

DISMISSED

The appellants filed a civil application in 2007 seeking a direction under the court's inherent powers, specifically Section 151 read with Order 22 Rule 10-A of the CPC, to compel respondents 3 and 4 to produce their death certificates. The respondents argued that a death certificate is a public …

CHAMPALAL GANGADHAR PATILversusVIJAY RAVINDRANATH KABRA

DISPOSED OFF

The petitioner, a defendant in a 2014 suit for specific performance of a sale agreement, sought a stay of that suit on the ground that a parallel proceeding under the Maharashtra Money Lending (Regulation) Act, 2014 was pending before the District Deputy Registrar. The trial court rejected the stay …

Sau Lata Wo Rajvardhan UjgareversusRajvardhan So Arjun Ujgare

APPLICATION ALLOWED

The wife, residing in Pimpri Chinchwad, filed applications under Section 24 of the Code of Civil Procedure seeking transfer of a marriage petition (No. A‑51/2026) and a child‑custody petition (No. D‑4/2025) from the Family Court at Beed to courts in Pimpri Chinchwad. The husband opposed the …

Sau Lata Wo Rajvardhan UjgareversusRajvardhan So Arjun Ujgare

APPLICATION ALLOWED

The wife, residing in Pimpri Chinchwad, filed applications under Section 24 of the Code of Civil Procedure seeking transfer of a marriage petition (No. A‑51/2026) and a child‑custody petition (No. D‑4/2025) from the Family Court at Beed to courts in Pimpri Chinchwad. The husband opposed the …

PRANITA SANDIP GAWALIversusSANDIP RAMKISAN GAWALI

APPLICATION ALLOWED

The applicant, Pranita Sandip Gawali, filed an application under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No.11/2026 from the Civil Judge Senior Division, Buldhana to the Family Court at Chhatrapati Sambhajinagar. The child of the parties, a …

VASANT BABURAO LIPANE AND OTHERSversusBALASAHEB KACHRU DAHITULE

DISMISSED

The defendants filed a civil revision under Order VII Rule 11 of the Code of Civil Procedure, claiming that no cause of action existed for the plaintiff’s suit for perpetual injunction. The plaintiff argued that an earlier suit (R.C.S. No. 319 of 2021) had been dismissed in default, and that the new …

DR. SUJAY RADHAKRISHNA VIKHE-PATILversusNILESH DNYANDEV LANKE

DISMISSED

The petition challenged the election of Nilesh Dnyandev Lanke to Parliament from Ahmednagar, alleging corrupt practices under Sections 123(4), 123(6) and 100 of the Representation of Peoples Act, 1951, including false statements, excess expenditure and bogus voting. The respondent filed an …

Ayesha Qamar BelimversusQamar Rafiq Belim

DISMISSED

Ayesha Qamar Belim, the applicant-wife, filed an application seeking transfer of the matrimonial proceeding (Petition No. B‑24 of 2025) from the Family Court in Pune to the Family Court in Parbhani. She alleged domestic violence, filed an FIR under IPC sections 498‑A, 323, 504, 506 r/w 34, and …

CITY AND INDUSTRIAL DEVELOPMENT CORPORATION LTD. (CIDCO), THR. IT S ADMINISTRATOR, CIDCO, AURANGABAversusHMT LTD., FOOD PROCESSING AND MACHINERY UNIT, MIDC, CHIKALTHANA, A.BAD, THR. ITS OFFICER AND ANOTHE

DISPOSED OFF

The petitioner, CIDCO, filed a civil revision challenging the trial court’s order that rejected its application to dismiss a suit filed by the respondent on the ground of res judicata and alleged suppression of material facts. The petitioner argued that the earlier suit (Special Civil Suit No. …

DIKSHA SAGAR KADAMversusSURESH JAGANNATHRAO KADAM AND OTHERS

DISPOSED OFF

The petitioner, a daughter‑in‑law, filed a civil suit seeking ownership of gold ornaments deposited as streedhan in a safety locker held in the name of her father‑in‑law and the bank. She later moved a writ petition challenging the trial court’s order rejecting her application for a Court …

VISHAL SURYAKANT PAWSHEversusARCHANA VISHAL PAWSHE

DISMISSED

The appellant filed a first appeal under Section 96 of the Code of Civil Procedure challenging a decree dated 21‑04‑2026 passed by the Civil Judge, Senior Division, Latur in a Hindu marriage petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The key issue was …

Nikita Kiran LakareversusKiran Ramdas Lakare

Rejected at Admission stage

The wife filed an application under Section 24 of the Code of Civil Procedure seeking to transfer a Hindu Marriage Petition from the Civil Judge Senior Division, Kopargaon, to the Civil Judge Senior Division, Paithan, alleging a 150 km distance, lack of accompaniment, and insufficient funds. She …

MACHHINDRA GANGARAM GADEKARversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioner, a plaintiff in a civil suit seeking declaration of ownership and perpetual injunction over 3 acres of land, filed a writ petition challenging the trial court's order rejecting his application for appointment of a Court Commissioner under Order XXVI Rule 9 of the CPC. The petitioner …

JANABAI GANGARAM KENDREversusVISHWANATH SHYAMRAO PHAD AND OTHERS

DISPOSED OFF

Janabai Gangaram Kendre filed a writ petition challenging the civil judge's order that rejected her application to allow each of the four defendants to cross‑examine her witnesses independently, on the ground that they had filed a common written statement. The petitioner argued that Section 136 of …

MUDRIKABAI PANDHARINATH KENDREversusRAMAKANT SHRIPADRAO KULKARNI AND OTHERS

DISPOSED OFF

The petitioner Mudrikabai challenged a trial court order rejecting her application to amend her written statement after the plaintiffs were allowed to amend their plaint under Order VI Rule 17 of the CPC. The plaintiffs had been permitted to correct the description of the suit property, and the …

ARCHANA MAROTRAO BADHEversusANUSAYA NARANRAO SAWARGAVE

DISPOSED OFF

The applicant, Archana Marotrao Badhe, filed a review application challenging the order dated 01‑07‑2026 that entertained her writ petitions. She contended that the court had not expressly addressed the issue of territorial jurisdiction and argued that a writ of quo warranto could not lie because …

ASHABAI SUBHASH PIMPALE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioners, adjoining agriculturists, disputed a pathway claimed by the respondents and challenged a Mamlatdar order that granted the respondents right of way. They filed a civil suit seeking a temporary injunction, but the trial court rejected the application, and the first appellate court …

JIJABAI MOTIRAM TAMASKAR AND ANOTHERversusTHE SUB REGISTRAR AND OTHERS

DISPOSED OFF

The petitioners filed a civil suit in 2020 for partition and separate possession of property. During the suit, they obtained a temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, restraining the defendants from alienating the property. The defendants appealed, and …

Balwant Kour Shankarsingh GadiwaleversusState of Maharashtra

DISPOSED OFF

The petitioners obtained an heirship certificate for the estate of Shankarsingh Gopalsingh Gadiwale but the certificate omitted the required details of the properties and their valuations, as mandated by the lower court's order. They filed an application before the Civil Judge, Senior Division, …

SANJAY SOPANRAO KENDREversusSHOBHA LAXMIKANTRAO GANJEWAR AND ANOTHER

DISPOSED OFF

The respondents filed a special civil suit seeking declaration of ownership, recovery of possession and perpetual injunction over two plots, alleging that the petitioner had encroached their land. During the trial, the respondents applied under Order XXVI Rule 9 of the CPC for the appointment of a …

Neha Amol BairagiversusAmol Ramesh Bairagi

Rejected at Admission stage

The wife (applicant) filed an application under Section 24 of the Civil Procedure Code seeking to transfer Marriage Petition No. 379 of 2025 from the 14th Joint Civil Judge, Senior Division and Additional Chief Judicial Magistrate, Ahmednagar to the Family Court in Aurangabad. She argued that the …

SANJAY TUKARAM LOKHANDE AND OTHERSversusBAPU KISAN LOKHANDE AND OTHERS

DISPOSED OFF

The petitioners, who purchased the entire 6‑9‑R land in two halves, sought to overturn an order that allowed the respondents to restrain excavation for a water tank despite an earlier temporary injunction in the petitioners' favor. The petitioners argued that their registered sale deeds gave them …

ALKABAI ANANDA BHOLE AND ANOTHERversusMRUNALI SACHIN BHOLE

DISPOSED OFF

The petitioners filed a writ petition challenging the order of the 5th Joint Civil Judge Senior Division, Jalgaon, which had refused to reject the plaint in Special Civil Suit No. 186 of 2025 under Order VII Rule 11 of the CPC. They alleged that the first defendant was not the legal wife of the …

PRAGATI PRATIK BENDRE PRAGATI MAHESH CHAVANversusPRATIK HEMANT BENDRE

Rejected at Admission stage

The applicant wife filed an application under Section 24 of the Code of Civil Procedure seeking transfer of Hindu Marriage Petition No. 171/2026 from the Civil Judge Senior Division, Shirur to the Family Court at Ahilyanagar, citing a criminal case and domestic‑violence application pending in …

SANTOSH BAPURAO WAGHMARE AND OTHERSversusPADMAVATI BAJIRAO KHARAT AND OTHERS

DISPOSED OFF

The petitioners sought to recall an earlier order dated 24.07.2024 that dismissed their writ petition against respondent No.1, arguing that they could not serve notice due to an unknown change of address. They requested permission to serve respondent No.1 by publishing a notice in a newspaper under …

KISAN SHIVRAM MODHAVE AND OTHERSversusASHA SUBHASH PIMPALE

DISPOSED OFF

The petitioners, adjoining landholders, were defendants in a civil suit where the plaintiff obtained a temporary injunction on 4‑Oct‑2021 to remove an obstruction on a pathway. The petitioners filed a writ petition challenging the injunction, alleging abuse of revenue proceedings and the existence …

KISAN SHIVRAM MODHAVE AND OTHERSversusASHA SUBHASH PIMPALE AND OTHERS

DISPOSED OFF

The petitioners, adjoining landholders in Wakodi, Ahmednagar, challenged a temporary injunction granted by the trial court that ordered the opening of a disputed pathway, arguing that the injunction effectively amounted to a final decree in the underlying civil suit. The trial court had allowed the …

Dhanshli Akash SurwaseversusAkash Annarao Surwase

APPLICATION ALLOWED

The wife filed a Section 24 CPC application seeking transfer of a custody suit (Civil M.A. No.11 of 2024) from the Additional District and Sessions Judge, Nilanga (Latur) to the Principal District and Sessions Judge, Aurangabad, citing the inconvenience of traveling 350 km with a minor child. The …

MADHAV TUKARAM PHADversusVIKAS RAMKISHAN RENGE AND ANOTHER

DISPOSED OFF

The petitioner filed a writ petition challenging an order of the 2nd Joint Civil Judge, Junior Division, Parbhani, which allowed the respondent's application under Order XXVI Rule 9 of the Code of Civil Procedure to appoint a commissioner. The civil suit involved a claim for declaration and …

BALU SHANKARRAO PATODEversusNARAYAN MARUTI WATTAMWAR AND ANOTHER

DISPOSED OFF

The petitioner, Balu Shankarrao Patode, challenged the order of the Joint Civil Judge that impleaded Respondent No.2 in his specific performance suit against Respondent No.1 concerning a sale of a property in Udgir. The petitioner argued that Respondent No.2 was a stranger to the contract and that …

PRATIBHA BHALCHANDRA KAVALE AND OTHERSversusANITA RAJKUMAR KHATKE AND OTHERS

DISPOSED OFF

In Special Civil Suit No.128 of 2017, the death of a defendant led to the admission of his legal representatives and a will deed, prompting the plaintiff to amend the plaint under Order 6 Rule 17 CPC. The defendants then sought to amend their written statement to meet the amended plaint, but the …

RAM GANPATI DHULEversusTHE STATE OF MAHARASHTRA AND ANOTHER

DISMISSED

The petitioner’s land in Waradi village was acquired for the Upper Penganga Project and he received compensation, which he challenged in a Land Acquisition Reference proceeding. The Reference Court enhanced the compensation, but the petitioner was dissatisfied and filed First Appeal No.361 of 1993, …

Sultana Imran PinjariversusImran Rahim Pinjari

APPLICATION ALLOWED

The wife, Sultana Imran Pinjari, filed a miscellaneous civil application under Section 24 of the Civil Procedure Code seeking transfer of a regular civil suit (No. 158 of 2024) for restitution of conjugal rights, originally filed in Jamner, to the Civil Judge’s court in Dhule. The suit was filed by …

Komal Ravi WahuleversusRavi Laxman Wahule

APPLICATION ALLOWED

The wife (applicant) filed an application under Section 24 of the Civil Procedure Code seeking transfer of Civil Miscellaneous Application No. 5 of 2025, pending before the 2nd Joint Civil Judge, Senior Division, Jalna, to the Family Court at Sambhajinagar, Aurangabad. She alleged ill‑treatment by …

Yogita @ Seema Krushna BhadkeversusKrishna Dashrath Bhadke and Another

APPLICATION ALLOWED

The wife, Yogita @ Seema Krushna Bhadke, filed a Hindu marriage petition for divorce in Pune. After experiencing cruelty, she moved back to her parents’ home in Ambajogai, Beed, a distance of about 275 km, and sought transfer of the petition to the nearer court under CPC s.24. The husband opposed …

PRASAD RAMESH RENUKARversusSHOBHA SUBHASH RENUKAR AND ANOTHER

DISPOSED OFF

The petitioner, originally a defendant in a suit seeking declaration that a will and gift deed were fraudulent, challenged the trial court's order appointing a Court Receiver under Order XL Rule 1 of the Civil Procedure Code to manage and preserve donations received between 12‑09‑2026 and …

RAMESHDAS SHANKARDAS VAISHNAVversusGAJANAN MADANDAS VAISHNAV AND ANOTHER

DISPOSED OFF

The landlord filed a suit for eviction of a tenant on the ground of bona fide requirement and obtained a decree for possession of shop No. NMC 3-6-525 (CTS 1888). The decree was affirmed by the High Court, but the District Judge remanded the execution proceedings without giving reasons, allowing the …

RAJENDRA MADHAV KULKARNIversusRAMESH SAMPAT MORE

DISPOSED OFF

Petitioner Rajendra Madhav Kulkarni filed a writ petition challenging the order of the Civil Judge, Senior Division, Kopargaon dated 17 August 2024 which restored Regular Civil Suit No.20 of 2015 that had been dismissed for want of prosecution. The suit, filed by respondent Ramesh Sampat More, …

MANIKCHAND MADANLAL GANGWALversusASHVIN ANIL MULE AND OTHERS

DISPOSED OFF

Manikchand Madanlal Gangwal filed a writ petition challenging the order of the 2nd Joint Civil Judge, Junior Division, Gevrai, which had rejected his application for appointment of a Court Commissioner under Order XXVI Rule 9 of the CPC in suit No. 927 of 2021. The petitioner argued that the order …

SONAL RAVINDRA MAHADWARversusNAMDEV AMBADAS RATHOD AND OTHERS

DISPOSED OFF

The respondents filed a civil suit for declaration of ownership and perpetual injunction against the petitioner. After a temporary injunction was rejected, the plaintiffs sought to withdraw the suit and were granted liberty by the trial court to file a fresh suit on the same cause of action, with …

NANA BHAGWAN BANGAR AND OTHERSversusMACHINDRA APPARAO ANDHARE

DISPOSED OFF

The petitioners filed a writ petition challenging the civil court's refusal to appoint a commissioner under Order 26 Rule 9 of the CPC for a 2014 suit seeking perpetual injunction. They alleged that the suit was stayed and sought a stay of the suit proceedings, claiming prejudice to the defendant. …

FATRU ALIKHAN KHADAR ALIKHAN LASHKARI THROUGH LRS JULEKHABI FATRU ALI KHAN AND OTHERSversusISHRAT ALIKHAN KHADAR ALIKHAN LASHKARI THROUGH LRS KHAMRAMUNNISA ISHRAT ALI LASHKARI AND OTHERS

DISPOSED OFF

The petitioners challenged a judgment dated 31‑08‑2019 in which a Junior Division Civil Judge set aside an ex‑parte decree in a partition suit (Civil Suit No.141/2002). They argued that the decree should not have been vacated because the application under Order 9 Rule 13 of the CPC was filed 85 days …

SHASHIKANT NAGNATH KERALE AND ANOTHERversusUMAKANT NAGNATH KERALE AND OTHERS

DISPOSED OFF

The applicants, who are the original defendants, filed a civil revision against the trial court's order refusing to reject the plaint in a 2025 partition suit filed by their siblings. The suit sought partition, separate possession, and rendition of accounts of family properties, alleging that a 1986 …

JAYSHREE CHANDRAPRAKASH CHAVANversusCHANDRAPRAKASH KAILAS CHAVAN

DISPOSED OFF

Jayshree Chandraprakash Chavan filed a writ petition challenging the order of the 5th Joint Civil Judge, Senior Division, Aurangabad, which rejected her application to summon witnesses in a divorce proceeding under Section 13(1)(i‑a) of the Hindu Marriage Act, 1955. The petitioner sought either a …

VIJAY PRABHAKAR NARLE AND ANOTHERversusKISAN SANDU MAGAR AND OTHERS

DISPOSED OFF

Petitioners Vijay Prabhakar Narle and others filed a writ petition challenging the findings of the Junior Division Civil Judge, Sillod, and the District Judge, Sambhajinagar, which had allowed the respondents' application under Order 39 Rules 1 and 2 of the Code of Civil Procedure and a subsequent …

HEMANT GOKULDAS MEHERversusRASHMI MAHENDRA KUMAR PATWAN

DISPOSED OFF

The petitioner, Hemant G. Meher, filed a civil suit seeking declaration of ownership and a perpetual injunction over 40R of land in Survey No. 200. He obtained an order appointing a Court Commissioner to measure the land, whose report was later accepted by the trial court. During trial, the …

SHEHNAZ BEGUM AKBARKHAN AND ORSversusKHALEDA BEGUM GULAM AHMED KHAN ORS

DISMISSED

The applicants filed a civil revision challenging the trial court's order rejecting their application to dismiss a suit on grounds of limitation and improper valuation. They argued that the suit seeking cancellation of a 1997 relinquishment deed was filed within the three‑year period prescribed by …

BABASAHEB LAXMAN MOTEversusSOPAN KACHRU MOGAL AND OTHERS

DISPOSED OFF

The petitioner filed a writ petition challenging an order dated 28‑02‑2019 that recalled arrest warrants issued against the judgment debtors in a civil execution proceeding. The decree in the original suit was undisputed, and the execution court had attached the debtors' immovable property and later …

DNYANOBA RAMCHANDRA DUKRE AND OTHERSversusVIDYA MAHESH SHINDE AND ANR

DISPOSED OFF

The petitioners, defendants in a partition suit (Civil Suit No.710 of 2021), sought to produce and prove certain documents at a late stage of the trial, filing applications under Exhibits 49 and 51. The trial court allowed the first application but rejected the second, holding that the documents …

SANJANABAI KISAN SHINDE AND OTHERSversusBALU AJINATH SHINDE

DISPOSED OFF

The respondent filed a suit for perpetual injunction against the petitioners and, during trial, applied under Order 26 Rule 9 of the CPC for the appointment of a commissioner to admeasure and demarcate the suit land before his evidence was completed. The trial court appointed a commissioner and …

LIVIA COLACOversusCRUZ CARDOZ

Allowed

The applicant, Livia Colaco, filed a miscellaneous civil application in the High Court of Bombay at Goa seeking review and confirmation of a divorce decree dated 11 October 2024 issued by the Family Court at Harlow, UK, and a direction to cancel the marriage registration entry in Goa. The court …

SUDHEER PRABHAKAR DESAI AND ANRversusANAND PRABHAKAR DESAI AND 2 ORS

Rule made absolute

The petitioners Sudhir and Sanyucta Desai challenged a trial court order that allowed Sudhir to withdraw his counterclaim in Regular Civil Suit No. 26/2023 but denied him leave to pursue the same relief in a separate Special Civil Suit No. 153/2023. The High Court held that Order 23 Rule 3 of the …

PANDURANG DAMODAR KAMATversusGEORGE VEERAMPULLY

Allowed

The petition challenged the District Judge’s order dismissing a rent‑revision application that had upheld the Rent Controller’s decision to inquire into whether a landlord‑tenant relationship existed between the parties. The petitioner, who inherited the shop premises, denied any tenancy with the …

SURESH KUMAR AND ANRversusAGNELO MANUEL FERNANDES

Disposed of

The petitioners challenged a February 2025 order of the Civil Judge Junior Division, Pernem, which allowed the respondent to amend the plaint in a suit for recovery of compensation under a leave‑and‑license agreement. The amendment sought to correct the agreement period from 01‑10‑2020 to 31‑08‑2021 …

SRIKANT NARAYAN MANDREKAR AND ANRversusLAXMI LAXMAN MANDREKAR AND 10 ORS

Allowed

The petitioners filed a civil suit for partition of a property in Goa, but the plaintiff’s name in the suit differed from the name recorded in the 1970 sale deed. Petitioners sought to amend the title clause of the plaint to add the alias "Manjrekar" to reconcile the discrepancy. The trial court …

MOHAMED GOUTH SHAIKversusKAYINAT GAYASUDDIN GANI

Allowed

The applicant, married in Dubai and registered in Goa, sought confirmation of a Dubai court divorce decree (dated 24‑08‑2023) and cancellation of the corresponding marriage entry in the Goa marriage register. The application was filed under Chapter XIII of the Portuguese Code of Civil Procedure, …

DAVID ACHUTHA MENONversusVIJAY KUMAR MISHRA (SINCE DECEASED THR HIS LRS)

Allowed

The appellant, Dr. David Achutha Menon, sought modification of a temporary injunction to obtain the keys to a bungalow that he claims as a co‑owner of the suit property, alleging the will bequeathing a share to the respondents is fraudulent. The trial court allowed inspection and joint maintenance …

KESHAVRAO SANTABA NAIKversusMITHUN MANOHAR NAIK AND 2 ORS

Dismissed

The appellant, Keshavrao Santaba Naik, appealed against an order dated 26 April 2022 that dismissed his application under Order IX Rule 9 of the Civil Procedure Code seeking to set aside a prior order dismissing his Special Civil Suit for non‑prosecution. The trial court had observed that the …

AMNRE DEEP SING JUDGE THR POA DEVENDRA SINGHversusBONIFACIO FERNANDES AND ANR

Disposed of

The petitioner, a non‑resident Indian, sought condonation of a 5‑year‑5‑month delay in filing his written statement in Civil Suit No. 367/2015. The trial court refused, holding the petitioner negligent. The petitioner argued that his advocate’s death and negligence caused the delay, presenting …

ROQUE FREDDIE MENINO EXANO PEREIRA AND ANRversusPRIME BUILDERS AND 13 ORS

Dismissed

The petitioners challenged a Civil Judge's order permitting the plaintiff to add the plaintiff's wife as a defendant (defendant 8A) after the trial had commenced. The petitioners argued that the amendment was filed late, violating the proviso to Order VI Rule 17 of the CPC, and that the issue of …

TEODOLINDA DIAS MANDOLYversusCONCEICAO BARRETO ( SINCE DEC.) THR LRS

Partly allowed

Petitioner Teodolina Dias Mandoly challenged a series of orders that declared Concepção Barreto as the mundkar of Survey No.124/7, land originally owned by her late father Felix Antonio Jose Dias Mandoly and uncle Dr. Antonio Dias Mandoly. The original owners were never joined as parties in the …

SELIA ANGELA ESMERALDA FERNANDESversusMICHAEL FERNANDES AND ANR

Allowed

Michael Fernandes and his wife, Selia Angela Esmeralda Fernandes, were married in Goa in 2001 and obtained a divorce decree dated 16 January 2026 from the HM Courts & Tribunal Service (a foreign court). They filed separate miscellaneous civil applications in the Bombay High Court at Goa under …

GURU MADARversusCOMMUNIDADE OF MORMUGAO REP BY ITS ATTORNEY

The Communidade of Mormugao filed a suit concerning alleged illegal construction, which the defendant sought to have dismissed under Order 7 Rule 11 of the CPC on two grounds: that Article 371 of the Code of Communidade bars such suits and that the Communidade’s attorney lacked authority under …

MARIA LOBOversusVILLAGE PANCHAYAT OF MOIRA THR ITS SECRETARY/SARPANCH

Disposed of

Maria Lobo filed a miscellaneous civil application seeking the court's permission to serve the second and third respondents by affixation of notice, invoking Order 5 Rule 20(1) of the Code of Civil Procedure. The applicant’s counsel argued that such service was necessary for the proceeding. The …