RAMPRABHU GOPINATH KAPSE vs SHEVANTABAI BABURAO KAPSE

Judgment text excerpt

-WP3558-2022.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3558 OF 2022 Ramprabhu Gopinath Kapse ...Petitioner Versus Shevantabai Baburao Kapse …Respondent Mr. Ashutosh Kulkarni, i/b Akshay Kulkarni, for the Petitioner. Mr. Sameer Kumbhkoni, a/w Anjali Shaw and Chaitanya Joshi, for the Respondent. CORAM: N. J. JAMADAR, J. DATED : 13th MARCH, 2025 JUDGMENT:- 1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties, heard finally. 2. The petitioner – original defendant takes exception to an order dated 26th October, 2018 passed by the learned District Judge, Barshi, on an application filed under Section 152 of the Code of Civil Procedure, 1908 (“the Code”) for amendment in the judgment and decree passed in Regular Civil Appeal No.204 of 1986, whereby the said application was allowed and paragraph SANTOSH SUBHASH No.2 of the judgment and operative part of the decree were KULKARNI Digitally signed by SANTOSH SUBHASH ordered to be corrected. KULKARNI Date: 2025.03.13 19:42:09 +0530 3. Shorn of unnecessary details, the background facts leading to this petition can be stated as under: 1/16 -WP3558-2022.DOC 3.1 The respondent instituted a suit for recovery of possession of the properties bearing Block Nos.593 and 535 situated at Javalgaon, Vairag, Taluka Barshi and mesne profit . The suit properties were described as Block No.593 and Block No.535 with a suffix “1/2 share”. By a judgment and order dated 30 th January, 1986, the learned Civil Judge was persuaded to dismiss the suit returning a finding that the defendant proved that he had perfected his title to the suit land by way of adverse possession. 3.2 Being aggrieved, the plaintiff preferred an appeal being Civil Appeal No.204