ASHOK KACHARU GAIKWAD vs SAMUEL SHANKAR CHANDEKAR (DECEASED) THR. LRS. SMT. NIRMALBAI SAMUEL CHANDEKAR

Judgment text excerpt

2026:BHC-AS:10243 Megha 4_cra_365_2023_fc.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.365 OF 2023 Ashok Kacharu Gaikwad ... Applicant V/s. Rev. Samuel Shankar Chandekar (deceased) through his legal heirs 1A Smt. Nirmalabai Samuel Chandekar and Ors. ... Respondents ________________ Mr. Ajinkya J. Jaibhave for the Applicant. Mr. Vikram A. Sathaye i/b. Mr. Hrishikesh Shinde for the Respondents. ________________ CORAM: SANDEEP V. MARNE, J. RESERVED ON: 11 FEBRUARY 2026. PRONOUNCED ON: 27 FEBRUARY 2026 JUDGMENT: 1) The Applicant has preferred the present Revision Application under Section 115 of the Code of Civil Procedure, 1908 (the Code) challenging the Judgment and Order dated 21 May 2022 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik, decreeing Special Civil Suit No.218 of 2016 and directing the Applicant/Defendant to restore possession of the suit property to the Plaintiff under Section 6 of the Specific Relief Act, 1963. Page No.1 of 20 27 February 2026 Megha 4_cra_365_2023_fc.odt 2) Applicant is the Defendant in Special Civil Suit No.218 of 2016. The Suit was originally instituted by Rev. Samuel Shankar Chandekar and another under Section 6 of the Specific Relief Act, 1963 seeking restoration of the possession in respect of the suit property from the Applicant-Defendant. 3) At the heart of the controversy between the parties is a British owned and constructed bungalow named ‘Barley Bungalow’ together with five outhouses located at Igatpuri, District-Nashik and which is situated on land bearing City Survey No.570 (Survey No.155-A) admeasuring 1 Hector 14 R (suit property). 4) It is Plaintiffs’ pleaded case in the plaint that the suit property was owned by one Barley family, which was of