THE VILLAGERS, PALE BUDRUK THROUGH SHRI. SHIVRAM BAJI MAHABALEversusSANDESH TUKARAM SANAP

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                                                            Sayali
        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

             INTERIM APPLICATION NO.7034 OF 2026
                             IN
                WRIT PETITION NO.2754 OF 2021
                            WITH
             INTERIM APPLICATION NO.7032 OF 2026
                             IN
                WRIT PETITION NO. 3167 OF 2021

The Villagers, Pale Budruk Thr. Shri.
Shivram Baji bahabale                       … Applicant
           V/s.
Sandesh Tukaram Sanap                       … Respondents

Mr. Sagar G. Talekar, for Petitioner in WP/2754/2021.
Ms. Nikita S. Kamble with Mr. Suresh Kamble, for
Petitioner in WP/3167/2021.
Mr. Pradeep M. Patil with Mr. P. B. Gole, for Applicant
in both IA’s and Respondent no. 4 in WP/2754/2021
and Respondent no. 5 in WP/3167/2021.
Mrs. Vaishali Nimbalkar, AGP for Respondent Nos. 1
to 3 in WP/2754/2021.
Mr. S. H. Kankal, AGP for Respondent nos. 1 to 3 in
WP No.3167/2021.


                           CORAM      : AMIT BORKAR, J.

                           DATED      : SEPTEMBER 08, 2026
P.C.:

1.      The present Petitions can be disposed of in view of the
following findings:



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      I) The application does not contain the exact description of
      the road in question and does not set out the necessary
      particulars so as to enable proper identification of the
      alleged road and the property through which it is stated to
      pass.

      II) The owner of the land through which the alleged road is
      stated to pass has not been impleaded as a party to the
      proceedings. Consequently, the owner has not been
      afforded an opportunity of being heard before any order
      affecting her rights in the property is passed.

2.    In view of the aforesaid findings, and in the interest of
justice, the original applicants are required to be permitted to
amend their application so as to incorporate the exact description
of the road in question. Such particulars are necessary for proper
identification of the property and for avoiding any dispute in that
regard. It is also necessary that the owner of the concerned land
be impleaded as a party and be afforded a proper opportunity of
hearing. Accordingly, the respondent-original applicants are
permitted to amend their application by incorporating the exact
description of the road and by impleading Sanjita Sandesh
Sanap, owner of Survey No. 151, as an Opponent. She shall be
served with the amended application and shall be afforded an
opportunity to file her reply., upon giving an opportunity of
hearing to all the parties, the Tahsildar shall decide the
application in accordance with law.




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3.    The parties shall appear before the Tahsildar on 28th
September 2026.

4.    The Tahsildar shall be at liberty to permit the parties to
place fresh material on record, if considered necessary for proper
adjudication of the application. The Tahsildar shall adjudicate
upon the issue regarding the existence of the road in question on
the basis of the material placed before him and in accordance
with law.

5.    All questions raised by both sides, including the question
regarding the limits of the alleged road, are kept open for being
urged and adjudicated upon before the Tahsildar. No finding on
those issues is being recorded by this Court at this stage.

6.    It is noted that, during the pendency of these proceedings,
this Court has, for the last four years, permitted the original
applicants to use the alleged road on two specified dates in a year
for the purpose of immersion of Ganesh idols. Having regard to
the said arrangement which has continued for the preceding four
years, the petitioners in both the Petitions shall permit the
original applicants to use the alleged road on 19th September
2026 and 25th September 2026 for the aforesaid purpose.

7.    It is clarified that the arrangement contained in the
preceding paragraph is confined strictly to 19th September 2026
and 25th September 2026. The same shall not be construed as
recording or recognising any finding regarding the existence,
location, width, limits or legal status of the alleged road. The



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Tahsildar shall decide the application independently and on its
own merits, without being influenced by the aforesaid temporary
arrangement or by any observations made in these Petitions.

8.    A copy of the amended application shall be served upon
both the petitioners before 28th September 2026, so as to enable
them to participate effectively in the proceedings before the
Tahsildar.

9.    In view of the aforesaid directions, both the Petitions as
well as the Interim Applications stand disposed of accordingly.



                                           (AMIT BORKAR, J.)




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