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Bombay High Court

ATMARAM GANPATI HULWAN AND ORS.versusNIVAS BANDU HULWAN AND ANR.

Disposal
Dismissed

Holding

The court held that the respondents have exclusive possession of the suit land and the petitioners failed to establish any right to possession or joint ownership, thus the injunction in favour of the respondents stands and the writ petition is dismissed.

Summary

The petitioners, heirs of Ganpati Hulwan, claimed co‑ownership of a 42‑R land parcel (Gat No. 2067) purchased jointly with the respondents' father in 1986 and alleged that a 2004 family partition allotted them the western half. The respondents contended that Ganpati never paid his share, that the land remained in their exclusive possession, and that earlier suits (R.C.S. No. 166 of 1990) and injunction applications were dismissed, leaving only the respondents' name on the record. The lower appellate court had granted a temporary injunction restraining the petitioners from disturbing the respondents' possession, which the petitioners challenged by filing the present writ petition. The High Court examined the revenue records, the statement of Ganpati before the revenue authority, and documentary evidence such as sugarcane tonnage reports, finding that the respondents had actual and exclusive possession and that the petitioners' claim of joint ownership was unsubstantiated. Consequently, the Court held that the petitioners failed to make out a case for relief and dismissed the writ petition, while continuing the suspension of the earlier injunction for a limited period. The order clarifies that no further equitable protection is afforded to either party after the suspension expires.

Issues considered

  • Whether the petitioners, as alleged co‑owners, are entitled to an injunction restraining the respondents from possession of the entire suit land.
  • Whether the respondents have established exclusive possession sufficient to justify the injunction granted by the appellate court.
  • Whether the petitioners' claim of joint ownership and a 2004 partition is legally sustainable.
  • Whether the earlier injunction and related proceedings were barred by limitation or procedural defects.

Subjects

  • land dispute
  • injunction
  • possession
  • joint ownership
  • temporary injunction
  • civil writ petition
  • limitation

Judgment

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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 11402 OF 2025
          Digitally
          signed by    1. Atmaram Ganpati Hulwan
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
          Date:
JAGTAP    2026.08.29   2. Pandurang Ganpati Hulwan
          13:57:59
          +0530


                       3. Abaso Ganpati Hulwan (deceased) Through
                          LRs. 3A. Kiran Abaso Hulwan
                          All R/at Vadgaon Haveli, Tal. Karad, Dist. Satara. … Petitioners
                                        Vs.
                       1. Nivas Bandu Hulwan

                       2. Shivaji Bandu Hulwan
                          Both R/at Vadgaon Haveli, Tal. Karad, Dist.
                                                                                … Respondents
                          Satara.
                                                         ………….
                       Mr. Kalpesh U. Patil for the Petitioners
                       Mr. Vaibhav Gaikwad a/w Samrat Hajare, Suraj Bhosale for the
                       Respondents
                                                ………….
                                                         CORAM : SHAILESH P. BRAHME, J.

                                                         DATE       : 25th AUGUST, 2026.
                       FINAL ORDER :

                       .        Heard both sides finally with their consent.

                       2.       Being aggrieved by judgment and order dated 30.08.2025 passed

                       by the learned District Judge-1, Karad in Misc. Civil Application No. 52 of

                       2024 granting temporary injunction, the petitioners who are the original

                       defendants have preferred this writ petition. The respondents have filed


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R.C.S. No.630 of 2020 for declaration and injunction against the

petitioners.

3.       It is claimed by the petitioners that suit land bearing Gat No. 2067

measuring 42 R was purchased by their father and father of the

respondents who were siblings, vide Sale Deed dated 05.09.1986 from

one Dhondi Sadu Jagtap. They are the co-owners and in possession of

half of Western portion of the suit land.     It is further contended that in

the year 2004, there was amicable measurement and partition in the

family and Western portion share was allotted to them.

4.       The suit is being contested by the respondents. Though the land

was purchased jointly, Ganpati, father of the petitioners’ failed to pay his

share of consideration.        Entire land remained in possession of the

respondents. The respondents’ father developed the land and cultivated

sugarcane in it. It is further contended that R.C.S. No. 166 of 1990 was

filed by the petitioners’ father for injunction. The application for

temporary injunction was rejected and the suit was dismissed. Only the

name of petitioners remained in the record of the suit land.

5.       The respondents’ Application at Exh.31 for temporary injunction

was rejected on 23.10.2024. Being aggrieved, Misc. Civil Appeal No. 52

of 2024 was filed by them. By impugned judgment, Appeal was allowed



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and order of injunction was passed in favour of the respondents

restraining the petitioners from disturbing the peaceful possession of the

respondents on the entire suit land.

6.       Learned counsel for the petitioners submits that in the Sale Deed as

well as Revenue Record, father’s name Ganpati was mentioned and

petitioners were the co-owners. Their possession was joint and injunction

against the co-owners is unsustainable. It is further submitted that in the

year 2004, they are allotted Western half portion of the suit land. It is

submitted that suit is hopelessly barred by limitation and relief of

declaration cannot be granted. The Appellate Court is stated to have

committed perversity in granting injunction.

7.       Per contra, learned counsel for the respondents Mr. Gaikwad

submits that trial Court did not take into account prayers and the

progress of R.C.S. No. 166 of 1990 as well as statement of Ganpati before

the Revenue Authority admitting the possession of the respondents. The

vital aspect has been taken into account by the lower Appellate Court. It

is further submitted that the tonnage report of the sugarcane factory and

the sugar bills would indicate possession of the respondents.             It is

submitted that the claim that petitioners are in possession of Western half

portion of the suit land is totally unfounded.




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8.       At the outset, it needs to be mentioned that the trial Court while

rejecting Application Exh.31 preferred by the respondents did not take

into account vital aspect of the matter pertaining to the orders passed in

R.C.S. No. 166 of 1990 and the reliefs claimed therein.    The categorical

statement of the petitioners’ father Ganpati before the Revenue Authority

is totally overlooked by the trial Court. However, the Appellate Court at

sufficient length dealt with this aspect of the matter in reversing the

order passed by the trial Court.      The trial Court only considered the

Revenue record and averments of the Sale Deed to hold that suit land is

jointly owned and possessed by both the parties. The trial Court ex facie

committed grave error of jurisdiction, which is rightly rectified by the

Appellate Court.

9.       I have gone through the amended plaint of R.C.S. No. 166 of 1990

which was filed by Ganpati for injunction initially. Application Exh.5 was

filed for temporary injunction claiming that the petitioners’ predecessor

was in possession of Western side half portion of the suit land.

Application Exh.5 was rejected which is further confirmed in Misc.Civil

Appeal No. 41 of 2019 vide judgment dated 16.04.1991.            It was not

carried further.    The plaint was amended seeking additional relief of

possession of Western side half portion of the suit land. Considering the

amended prayer, it is evident that the petitioners were not in possession


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of the part of the suit land. The suit was not prosecuted diligently and it

came to be abated vide order dated 11.09.1998. The Appellate Court has

rightly held that the petitioners were not in possession of the Western

half portion of the suit land.

10.      The lower Appellate Court has also elaborately dealt with the

statement of Ganpati made before the Revenue Authority which amounts

to admission of possession of the respondents over entire suit land. The

claim of the petitioners that there was settlement in the year 2004 and

Western half portion of the suit land was allotted to them is

uncorroborated.      The Appellate Court has rightly recorded the findings

against the petitioners.

11.      My attention is adverted to the tonnage report of the sugar factory

which records name of respondent no.1 against the suit land.             Since

2016-2017 upto 2018-2019, various sugarcane purchase bills were issued

by the sugar factory.      There is considerable documentary evidence to

indicate that the respondents actually cultivated the suit land.           The

Appellate Court is justified in granting injunction on the basis of prima

facie case, possession and balance of convenience in favour of the

respondents.

12.      The respondents are found to be in possession of the suit land since



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its purchase exclusively.       Though Sale Deed records name of the

petitioners’ father, the possession is with the respondents. The exclusive

possession of the respondents needs to be protected.          This Court has

even reservations for the claim of joint ownership.           Its a matter of

objective scrutiny before the trial Court.           The objections of the

petitioners regarding limitation and maintainability of the suit can very

well be gone into during the course of trial.

13.      I find that no case is made out by the petitioners. The Writ Petition

is devoid of any substance. Hence, it is dismissed.



                                                ( SHAILESH P. BRAHME, J. )


14.      After pronouncement of the order, learned counsel for the

petitioner prays for continuation of interim relief for six weeks so as to

enable the petitioners to approach the Apex Court. It is contended that

after the judgment, its effect was suspended vide order dated 04.09.2025

which is in operation till today also.

15.      Learned counsel for the respondent submits that despite decision in

favour of the respondents by the lower Appellate Court, its execution is

suspended.       It is further submitted that the disadvantage is likely to be

taken due to the continuation of the protection.


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16.      The judgment and order passed in M.C.A. No. 52 of 2024 was

under suspension vide order dated 04.09.2025, which is still in operation.

I deem it appropriate to continue the order of suspension for a period of

four (04) weeks. It shall stand vacated without reference to the court

after expiration of the period. It is made clear that continuation of the

protection in favour of the petitioners after the impugned judgment and

order, shall not create any equities in favour of either party.



                                             ( SHAILESH P. BRAHME, J. )




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