GOVIND GOMA GAIKAR, SMT. LAXMI GOVIND GAIKR ( BOTH DECD. THROUGH LHRS) SHRI. SHANKAR GOVIND GAIKAR vs GOPAL BABU PATIL (DECD. THROUGH LHRS) SMT. RUKMINI GOPAL PATIL AND ORS

Judgment text excerpt

WP.4899.2024 (J) - FINAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4899 OF 2024 Shri. Govind Goma Gaikar, Smt. Laxmi Govind Gaikar (Both Decd.) Through Lrs.) Shri. Shankar Govind Gaikar & Ors. ….Petitioners Versus Shri. Gopal Babu Patil (Decd.Through Lrs.) Smt. Rukmini Gopal Patil & Ors. ….Respondents Mr. Abhay S. Khandeparkar, Senior Advocate a/w Mr. Rushikesh G. Bhagat i/b. Anilkumar Joshi, for Petitioners. Mr. Mahendra Agavekar, for Respondents. CORAM: SOMASEKHAR SUNDARESAN, J. DATE: JANUARY 30, 2026 ORAL JUDGEMENT: 1. Rule. Rule is made returnable forthwith and by consent of the parties, the Petition is heard finally. Context and Factual Background: 2. This Petition impugns a Judgement and Order dated January 13, 2020 (“Impugned Judgement”) passed by the Learned Maharashtra Digitally Revenue Tribunal (“Learned Tribunal”), which allowed a Revision signed by AARTI AARTI GAJANAN GAJANAN PALKAR Page 1 of 18 PALKAR Date: 2026.01.30 17:41:38 JANUARY 30, 2026 +0530 Aarti Palkar WP.4899.2024 (J) - FINAL.doc Application filed by the Respondents, who are the legal heirs of Late Gopal Babu Patil (collectively, “Patils”). 3. The Petitioners, who are legal heirs of Late Govind Goma Gaikar and Late Laxmi Govind Gaikar (collectively, “Gaikars”), contend that the land parcel falling in Survey No.78, admeasuring 0-41-0 H.R.P. in Village Ariwali, Taluka Panvel, District Raigad ( “Subject Land”) falls within their entitlement, having acquired it first from the Patils and later through a public process run under the Maharashtra Tenancy And Agricultural Lands Act, 1948 (“MTAL Act”). 4. The Gaikars contend that the Subject Land originally belonged to one Mr. Patankar, and the Patils, as agricultural tenants, became deemed purchasers of th