VIDYA KRISHNARAO PANSARE AND ANRversusBAPUSAHEB BAYAJI WALUNJ AND ORS

2026:BHC-AUG:24755


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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  8 WRIT PETITION NO.6090 OF 2026

                                Vidya Krishnarao Pansare And Another.
                                                VERSUS
                                 Bapusaheb Bayaji Walunj And Others.
                                                    ...
                           Advocate for Petitioners : Mr.V. B. Kulkarni
                           Advocate for Respondents 1-3 : Mr. A.S. Radikar
                           Respondent No.4 - Party In Person - Present
                                                    ...
                                         CORAM : S. G. CHAPALGAONKAR, J.
                                         Dated     : June 22, 2026
                                                    ...
                     PER COURT :-

                     1.    Present writ petition takes exception to the order dated

                     5.12.2025 passed by District Judge, Shrigonda in Misc. Civil

                     Appeal No.13 of 2025, thereby upholding order dated 6.2.2025

                     passed by learned Civil Judge, Senior Division, Shrigonda,

                     below Exhibit-5 in Special Civil Suit No.21 of 2024.

                     2.    Petitioners instituted the suit seeking declaration that

                     agreement to sale dated 10.04.1991 is illegal and void ab-initio

                     so also the consequential revenue entries are illegal and sought

                     decree of perpetual injunction against the defendants from

                     causing obstruction in their possession over the suit property.

                     Petitioners/plaintiffs have also filed an application below

                     Exhibit-5 seeking relief of temporary injunction. Trial Court
                               2                     wp 6090.2026.odt

rejected petitioners application for temporary injunction vide

order dated 6.2.2025.      Aggrieved petitioners filed Misc.Civil

Appeal No.13 of 2025 before the learned District Judge at

Shrigonda, who pleased to dismiss appeal upholding order

passed by Trial Court.

3.      Learned counsel appearing for petitioners endeavors to

contend that, defendants are claiming right in suit property on

the basis of agreement to sale of the year 1991. However, they

claim to have put in possession on the basis of subsequent

agreement to sale which is neither registered nor can be relied

for any purpose, however, Trial Court as well as the Appellate

Court    erroneously     recorded   finding   of   possession     of

respondents/defendants over suit property and refused to

grant temporary injunction in favour of petitioners/plaintiffs.


4.      Per contra, leaned advocate appearing for respondents

submits that there is voluminous evidence on record to

demonstrate that defendants were put into possession of the

suit property on the basis of agreement to sale and they

continued to cultivate the suit land on the basis of such

possession.
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5.    Having considered submissions advanced by learned

advocates appearing for respective parties and respondent no.4

party-in-person and on perusal of record tendered into service

alongwith impugned orders, it can be observed that petitioners

are claiming relief against agreement to sale dated 10.4.1991.

It is a registered agreement to sale in respect of suit property,

whereby plaintiffs/petitioners’ predecessor had agreed to

transfer suit property in favour of defendants. Defendants are

further relying upon additional agreement to sale executed in

the year 1996 whereby they were put into possession.

6.    Careful reading of aforesaid documents show that

consideration amount was received by plaintiffs predecessor

and possession was handed over to the defendants. Apart from

that, 7/12 extracts shows that defendants were consistently in

possession of the suit property from 1999 to 2016. Apart from

that there is evidence depicting harvesting of sugarcane from

suit land and supply of the same to sugar factory by

defendants.

7.    Trial Court as well as Appellate Court appreciated

aforesaid aspects and find that defendants have prima facie

proved their possession. Per contra, petitioners could not bring

on record any material showing their possession over suit
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property after date of agreements which are subject matter of

challenge.

8.       In light of aforesaid factual backdrop, both Courts have

appropriately considered evidence on record and rendered a

prima facie finding of fact in favour of defendants holding

them      to   be   in   possession.      The   question   “whether

respondents/defendants have right to continue into possession

and whether the subsequent agreement dated 12.06.1996 can

be read in evidence are questions to be determined during the

course of trial.    In that view of the matter, this Court finds no

reason to interfere in prima facie findings recorded by both

Courts while exercising writ jurisdiction under Article 227 of

Constitution of India. Hence, writ petition stands rejected.

9.       Needless to state here that observations made herein-

above are on the basis of prima facie consideration of material

and only for the purpose of deciding present writ petition. The

Trial Court shall consider and decide suit based on pleadings

and evidence of parties on its own merits and pass appropriate

orders in accordance with law without getting influenced by

the observations made herein-above.

                                          ( S. G. CHAPALGAONKAR )
                                                    Judge
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