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Bombay High Court

SHRI. SHAILESH HARIBHAU NIKAM AND ANR.versusSHRI. RAMESH PARSHURAM NIKAM AND ORS.

Decided
Disposal
Dismissed

Holding

The petition is dismissed as no fraud on respondent No.6 is established.

Summary

The petitioners, Shailesh HaribhaU Nikam and another, filed a writ petition alleging that respondent No.6 had only consented to the fixation of property boundaries, but the authorities measured the land beyond that consent, constituting fraud. The petitioners claimed this fraud affected their 2013 purchase of the property. The respondents contended that consent was given for full measurements, not merely boundary fixation, and denied any fraud. The Court examined the consent issue and the timing of the purchase, concluding that the petitioners bought the property with full knowledge of the demarcations and therefore no fraud was established. Consequently, the Court found no ground to interfere with the impugned orders and dismissed the petition, also disposing of any interim applications.

Issues considered

  • Whether respondent No.6's consent was limited to boundary fixation or extended to full land measurement
  • Whether fraud was committed against respondent No.6 in the measurement process
  • Whether the petitioners' 2013 purchase of the property precludes a claim of fraud

Subjects

  • consent
  • fraud
  • property measurement
  • boundary fixation
  • writ petition
  • dismissal

Judgment

2026:BHC-AS:36718


            Diksha Rane                                             12 WP 4938 2016.docx



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                   WRIT PETITION NO.4938/2016
                                              WITH
                               INTERIM APPLICATION NO.2560/2022
                                               IN
                                   WRIT PETITION NO.4938/2016

            SHRI. SHAILESH HARIBHAU NIKAM & ANR ..PETITIONERS
                 VS
            SHRI. RAMESH PARSHURAM NIKAM & ORS ..RESPONDENTS

                 Adv. Pradeep M. Patil a/w. Adv. Pravinchand B. Gole for
                 petitioners.

                 Adv. Manish Bora for respondent no.1.

                 Adv. Pratik Deomore a/w. Adv. Aasmi Rane for respondent
                 nos.4 & 5.

                 Adv. Rohan Deshmukh for respondent no.6.

                 Shri Y. D. Patil, AGP for respondent – State.


                                             CORAM         : ARUN R. PEDNEKER, J.

                                             DATE          : 3rd SEPTEMBER, 2026.
            Per Court :
            1.            Learned counsel appearing for the petitioners points out
            page 19 of the petition and submits that the consent given by
            respondent no.6 was only for fixation of boundaries.

            2.            Learned counsel appearing for the petitioners submits that
            there is fraud played on respondent no.6 and instead of merely fixing
                                             Page 1 of 2
                                          3rd SEPTEMBER, 2026
                      Diksha Rane                                             12 WP 4938 2016.docx



                      the boundaries the authorities have carried out measurements of the
                      property which was not consented to. However, the learned counsel
                      appearing for respondent no.6 submits that there is no fraud played
                      upon them, and they had clearly given consent for measurements of
                      the land and not merely for fixation of the boundaries.

                      3.              The petitioners have purchased the property in the year
                      2013 undisputedly. Considering this, the petitioners cannot submit
                      that the fraud was played upon respondent no.6. The petitioners
                      have purchased the property after the demarcations with open eyes.
                      Hence, no case can be canvassed before me that there was fraud
                      upon respondent no.6. Accordingly, no case is made out to interfere
                      with the impugned orders. The present petition stands dismissed.

                      4.              In sequel, the interim applications, if any, also stand
                      disposed of.

                                                                      [ ARUN R. PEDNEKER, J.]




                                                        Page 2 of 2
                                                     3rd SEPTEMBER, 2026



Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 07/09/2026 20:02:13


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