Bombay High Court Closes Curtain on 76-Year Property Partition Battle

In a comprehensive order passed on 27 February 2026, the Bombay High Court has finally laid to rest one of its longest-running real estate disputes by directing immediate partition of a prime parcel of land in Pune’s Yeravada area in accordance with a detailed architect’s plan.

From 1950 Heirship Dispute to Modern Development Rights

The seeds of the litigation were sown on 8 February 1950 when heirs of the late Mia Mohamed Haji Janmohamed Chotani filed Suit No. 208 of 1950 seeking declaration and partition of the deceased’s estate. Within weeks the Court appointed the Court Receiver as custodian of all properties. A preliminary decree followed on 28 March 1950, referring the matter to the Commissioner for Taking Accounts.

Over the subsequent decades the original defendant turned insolvent, the Official Assignee stepped into his shoes, rival claimants asserted rights through adverse possession and alleged equitable mortgages, and a 1955 compromise decree granted the Madiwale family a one-fourth share that was never physically effected until 1989. The sole remaining unpartitioned portion—Final Plot No. 79 (Part)—now measures 4,271.50 square metres and lies at the heart of the present order.

Competing Developers and Fresh Parties Enter the Fray

Recent years saw multiple developers seek impleadment. Kalpataru Constructions (Pune) was brought on record in 2018, Classic Royal Realty Developers LLP in 2019, and Abhishek L. Khinvasara shortly thereafter. These parties claimed rights flowing from agreements executed with the Madiwale family or with original heirs. Defendant No. 2 objected to the latest partition plan primarily because it proposed a 12-metre internal road rather than the 6-metre width it favoured.

Court Upholds Planning Norms and Demarcation Plan

After calling for the architect’s technical opinion, Justice Farhan P. Dubash rejected the objection:

> “The 12-metre road requirement is in consonance with the Unified Development Control and Promotion Regulations for Maharashtra State (UDCPR)… it is mandatory to have a 12-metre road for the partition.”

The Court noted that the earlier 1984 sub-division plan already showed the same 12-metre road extending to the boundary, and that using the road for FSI calculation would ensure no loss of development potential to the plot.

Key Observations Quoted Directly from the Bench

• “I am satisfied that the provision of a 12-metre internal road is justified having regard to the layout and the access requirements of the proposed sub-plots keeping in mind the present legal requirements.”
• “The objection raised by Defendant No. 2 is therefore devoid of merit and is accordingly rejected.”
• Upon compliance the Court Receiver and Official Assignee “shall stand discharged without passing accounts.”

Practical Directions for Immediate Implementation

The Commissioner for Taking Accounts has been directed to:

- Carry out physical demarcation through the District Superintendent of Land Records or City Survey Officer, Pune.

- Execute conveyance of Sub-Plot No. 19 in favour of Defendant No. 17.

- Maintain status quo over Sub-Plots 18, 20–24 until 15 June 2026 to allow other claimants to file appropriate proceedings.

- Pending adjudication of Civil Suit No. 268 of 2019, the Registrar of the District Court, Pune, has been appointed receiver of Sub-Plot No. 17.

All costs of the exercise will be shared equally among the Plaintiffs and Defendants 2 to 17. With this order, Suit No. 208 of 1950 stands finally disposed of nearly eight decades after it was filed.

The judgment marks the end of an era for one of Bombay High Court’s oldest pending matters and clears the path for orderly development of the Yeravada land in line with current planning regulations.