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Bombay High Court

SUGRIV ANANDRAO KALE AND ORS.versusPUSHPA PANDURANG MASAL @ PATIL AND ANR.

Disposal
Allowed

Holding

The appellate court quashed the lower courts' orders and remanded the matter for fresh objective scrutiny of the parties' documents.

Summary

The petitioners, original defendants, challenged a district court order that had imposed an injunction on their possession of land allotted as Gat No.120/5 in Katewadi, Solapur. Both parties claimed ownership of overlapping parcels, with the petitioners asserting that the land lay on the northern side of the allotment based on certified copies of allotment orders, possession receipts, and a panchanama, while the respondents relied on a map showing the land on the southern side. The trial court and the lower appellate court had discarded the petitioners' documents and relied on the respondents' map, leading the petitioners to argue a jurisdictional error and improper consideration of evidence. The High Court found that the lower courts failed to objectively scrutinize the documents and therefore erred in their findings of fact. Consequently, the Court partially allowed the writ petition, quashed the earlier orders, and remanded the matter to the trial court for a fresh determination of the land dispute, rejecting the respondents' request for interim protection.

Issues considered

  • Whether the lower courts erred in jurisdiction by misapprehending the exact location of the land allotted to the petitioners.
  • Whether the documents produced by the petitioners should have been admitted and considered.
  • Whether the injunction/order passed by the district court should be set aside.
  • Whether interim protection should be granted pending the fresh determination of the land dispute.

Subjects

  • land dispute
  • injunction
  • jurisdiction
  • document admissibility
  • remand
  • interim relief

Judgment

                                                                           901-11547-2025-WP-Jud=.doc



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

                                              WRIT PETITION NO. 11547 OF 2025
          Digitally
          signed by    1. Sugriv Anandrao Kale
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.09.03   2. Prithviraj Sugriv Kale
          10:13:09
          +0530

                       3. Dadasaheb Sugriv Kale,
                          All R/o Katewadi, Tal, Mohol,                      … Petitioners
                          Dist. Solapur
                                        Vs.
                       1. Pushpa Pandurang Masal @ Patil

                       2. Pawan Pandurang Patil
                          Both R/o Katewadi, Tal. Mohol,
                          Dist. Solapur                                      … Respondents

                                                    ………….
                       Mr. Vaibhav R. Gaikwad a/w Samrat Hajare, Suraj Bhosale for the
                       Petitioners
                       Mr. Prasad P. Kulkarni a/w Nakul V. Shukla, Amol S. Deshinge for the
                       Respondents.
                                                         ………….
                                                    CORAM            : SHAILESH P. BRAHME, J.

                                                    RESERVED ON   : 24th AUGUST, 2026.
                                                    PRONOUNCED ON : 02nd SEPTEMBER, 2026.

                       JUDGMENT :-


                       .        Heard both sides.

                       2.       The petitioners who are original defendants are challenging the

                       Judgment and Order dated 09.05.2025 passed by District Judge 2,



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Solapur in Miscellaneous Application No.54 of 2025 confirming the order

dated 05.06.2024 passed below Exhibit – 5 passed in R.C.S.No.158 of

2024, thereby clamping injunction against the petitioners.

3.       Learned counsel for the petitioners submits that both the Courts

below committed error of jurisdiction in perceiving the exact location of

land allotted to the petitioners and the land remained with the

respondents from Gat No. 120 situate at Katewadi, Tal. Mohol, Dist.

Solapur. It is submitted that the documents produced by the petitioners

which were discarded, are found to be genuine as the certified copies are

issued, indicating location of Gat No.120/1 on the Southern side of

petitioners’ Gat No. 120/5.          It is submitted that petitioners are in

possession of 6 Acre and 2 R which is fortified by Sugarcane bills,

construction of Well and the documents produced along with additional

affidavit.       It is submitted that the map relied upon by the trial Court is

suspicious.        The appellate Court should have dealt with documents

produced by the petitioners.

4.       Per contra, learned counsel for the respondents submits that the

documents and the maps produced by the respondents have not been

cancelled.        Those are not challenged.      The documents upon which

reliance is placed by the petitioners were not before the Courts below.




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There are concurrent finding of facts which cannot be interfered with.

5.       Both sides have rival claims for the location of their respective

lands from Gat No.120 situate at Katewadi. Admittedly,original land Gat

No.120 was belonging to forefather of the respondents. It was acquired

by the competent authority to the extent of 5 Hector and 7 R which was

distributed to the various project affected persons including the

petitioners. The petitioners were allotted 2 Hector and 42 R which is

marked as Gat No. 120/5. The balance land remained with the

respondents which is marked as Gat No. 120/1. Its area 1 Hector 99 R

which is in possession of the respondents, is the suit land.

6.       The respondents claim that the land allotted to the petitioners is on

the Southern side.     The reliance is placed on the map.      The petitioners

relied upon the order of allotment dated 20.05.1986, possession receipt

and the panchanama.        But those documents were discarded by the trial

Court due to the stamp of disclaimer. The petitioners secured certified

copies of above documents, which do not bear any such stamp. These

documents as well as documents bearing the stamp indicate that Gat

No.120/5 was situated on the Northern side. Gat No. 135 is shown on

the Northern side of the allotted land of the petitioners, which

corresponds to the claim of the petitioners.         The documents of the




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petitioners should have been taken into account.

7.       The petitioners produced the documents before the appellate Court

also. I have gone through the map which was not considered by the

lower appellate Court.       Prima facie, there is no reason to doubt its

genuineness. It also depicts that Gat No. 135 is on the Northern side of

allotted land to the petitioners and respondents’ land is on the Southern

side of the petitioners’ land.     I find that the trial Court discarded the

documents produced by the petitioners. The lower appellate Court did

not take into account the documents produced by the petitioners.             The

objective scrutiny of both the Courts below can be said to be defective.

The concurrent finding of facts are not based upon consideration of the

relevant documents on record.

8.       I find that its a fit case to remand the matter to the trial Court to

conduct objective scrutiny afresh. I, therefore, pass following order :-

                                   ORDER

(i)      The Writ Petition is allowed partly.

(ii)     The judgment and order dated 09.05.2025 passed by the District
Judge-2, Solapur as well as order dated 05.06.2024 passed below Exh.5
in R.C.S. No. 158 of 2024 are quashed and set aside.

(iii)    The matter is relegated to the trial Court to decide Application
below Exh.5 afresh after extending due opportunity of hearing and



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considering the documents produced by the parties on the merits of the
matter.

(iv)     This exercise shall be completed within a period of three (03)
months.

                                                     ( SHAILESH P. BRAHME, J. )

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

respondents Mr. Kulkarni requests that till the decision of the Application

Exh.5 protection be granted by way of order of status-quo.

10.      Learned counsel Mr. Gaikwad would oppose the request.                      He

submits          that   any   protection    during    interregnum     would     create

complications. As both orders passed by Courts below are quashed, there

is no need to grant any relief.

11.      I have quashed the order below Exh.5 as well as judgment and

order passed by the lower Appellate Court.                  The matter has been

relegated to the trial Court to decide Application Exh.5. It would be open

for the parties to request the trial Court for the interim protection

pointing out exigency.

12.      The request made by the learned counsel for the respondents

cannot be accepted and the same stands rejected.



                                                     ( SHAILESH P. BRAHME, J. )


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