SHREE GANPAT TATYA KHADTALE vs SMT. USHABAI BHIMRAO CHAVAN (DECD) THROUGH LRS.

Judgment text excerpt

WP.4414.2002+.doc HARSHADA H. SAWANT (P.A.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4414 OF 2002 WITH CIVIL APPLICATION NO.585 OF 2016 IN WRIT PETITION NO.4414 OF 2002 Ushabai Bhimrao Chavan (since deceased) through her heirs Hemantkumar Bhimrao Chavan and Ors. .. Petitioners Versus Ganpat Tatya Khadtale and Ors. .. Respondents ....................  Mr. Rameshwar Gite a/w. Ms. Siddhi Dawne, Advocates for Petitioners.  Mr. Vimal Sanghavi, Advocate for Respondent No.1.  Mr. Purushottam G. Chavan a/w. Mr. Sachin S. Padaye, Advocates for Respondent Nos.5 and 6.  Mr. P. G. Sawant, AGP for Respondent Nos.7 and 8. ................... CORAM : MILIND N. JADHAV, J. DATE : JUNE 08, 2026 JUDGEMENT: 1. Heard Mr. Gite, learned Advocate for Petitioners; Mr. Sanghavi, learned Advocate for Respondent No.1; Mr. Chavan, learned Advocate for Respondent Nos.5 and 6 and Mr. Sawant, learned AGP for Respondent Nos.7 and 8. 2. Present Writ Petition is heard finally today. It was admitted in 2002. Three sets of parties are contesting the present Petition. Petitioners are the legal heirs of Ushabai Bhimrao Chavan. Respondent No.1 is Ganpat Tatya Khadtale, the principal contesting Respondent 1 of 22 WP.4414.2002+.doc whereas Respondent Nos.5 and 6 are the Taskar family members who have purchased the subject land from Petitioners in the year 2005. Prima facie Petitioners have no locus since they have sold the subject land to Respondent Nos.5 and 6. Mr. Gite represents the Petitioners whereas Mr. Chavan espouses the cause of Respondent Nos.5 and 6. Hence Respondent Nos.5 and 6 are the interested parties. Rest of the parties are proforma parties. The facts in the present case are undisputed but are extremely relevant for adjudication of the present