2025:BHC-AS:28608 HARSH ADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2547 OF 2006 Shankar Tukaram Gaikar (since deceased) through legal heirs Kanta Shankar Gaikar (since deceased) through legal heirs Vasant Ganpat Raut and Ors. .. Petitioners Versus Suvarnaprabha Dattatraya Adurkar (Deceased) through legal heirs Prafulla Dattatraya Adurkar And Ors. .. Respondents WITH INTERIM APPLICATION NO.8559 OF 2025 IN WRIT PETITION NO.2547 OF 2006 Devendra Chandrakant Adurkar .. Applicant IN THE MATTER BETWEEN:

Shankar Tukaram Gaikar (since deceased) through legal heirs Kanta Shankar Gaikar (since deceased) through legal heirs Vasant Ganpat Raut and Ors. .. Petitioners Versus Suvarnaprabha Dattatraya Adurkar (Deceased) through legal heirs Prafulla Dattatraya Adurkar And Ors. .. Respondents WITH INTERIM APPLICATION (ST.) NO.30156 OF 2024 IN WRIT PETITION NO.2547 OF 2006 Shankar Tukaram Gaikar (since deceased) through legal heirs Kanta Shankar Gaikar (since deceased) through legal heirs Vasant Ganpat Raut and Ors. .. Petitioners Versus Suvarnaprabha Dattatraya Adurkar (Deceased) through legal heirs Prafulla Dattatraya Adurkar And Ors. .. Respondents WITH WRIT PETITION NO.10280 OF 2023 Shashikant Ramchandra Adurkar (since deceased) through his Legal Heirs Suvarnaprabhu Dattatraya Adurkar (deceased) through his Legal Heirs Prafulla Dattatraya Adurkar and Ors. .. Petitioners Versus Kathari Shimgya (deceased) Tukaram Krishnan Patil and Ors. .. Respondents .................…

 Mr. D. V. Sawant a/w. Mr. Priyank Kulkarni, Mr. Karan Jagtap, Mr.

Hardik Shah, Advocates i/by P S Chambers for all Petitioners except Petitioner No.7C in WP/2547/06 and for Respondent Nos. 1C-1, 1C-3, 1D-1, 1D-2, 1E/A, 1E/B, 1E/C, 1E/D, 1J/A, 1J/C, 1J/D, 1J/E, 1J/G/A, 1JB, 1J/G/B, 2B, 6 to 26 in WP/10280/23  Mr. Sandesh P. Patil a/w Mr. Pavan Patil, Mr. Krishnakat Deshmukh, Ms. Divya Pawar and Mr. Prithivraj Gole, Advocates for Respondent No. 1/1 & 2/1 in WP/2547/06  Mr. S. A. Karandikar a/w Mr. Milind Parab, Advocates for Petitioner in WP/10280/23  Mr. G. S. Hegde, Senior Advocate a/w. Ms. P. M. Bhansali, Advocate for Respondent No.4, appearing in Video Conferencing in WP/2547/2006 and Respondent No.5 in WP/10280/23.

 Ms. P. J. Gavhane, AGP for Respondent Nos.3 and 5 in WP/2547/06.

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CORAM : MILIND N. JADHAV, J.

DATE : JULY 14, 2025 JUDGEMENT :

1. This is a group of two Writ Petitions which emanate from a title dispute between two families namely ‘Gaikar family’ who is the purported tenant and ‘Adurkar family’ who is the landlord of the suit land being Survey No.354, Gut No.116 of Village Ghansoli, Taluka & District Thane. As the facts in both Writ Petitions are interwoven, both Writ Petitions are being disposed by this common order.

2. Briefly stated, facts necessary for adjudication of both Writ Petitions are as follows:-

2.1. On 30.08.1950 by Mutation Entry No.681 names of predecessors-in-title of Gaikar family namely Kathari Shimgya and Tukaram Ramji were recorded as protected tenants in respect of the suit land. On 04.12.1962 pursuant to an order passed by the Tahsildar by Mutation Entry No.1201 the aforesaid names of the predecessors-in-

title of Gaikar family came to be deleted.

2.2. On 01.09.1986 certain land parcels including the suit land were acquired by the State Government and later on handed over to the City and Industrial Development Corporation (‘CIDCO’) and an Award was passed by CIDCO for acquisition of the said land parcels. Admittedly names of predecessor-in-title of Gaikar family are recorded in the said Award as owners of the suit land.

2.3. After a hiatus of more than 33 years, the predecessors-in-title of Gaikar family filed RTS Appeal No.23 of 1996 before the Sub- Divisional Officer (‘SDO’), Thane challenging the Mutation Entry No.1201 dated 14.07.1962 whereby names of their predecessors-in- title were deleted. It is seen that though the said RTS Appeal was filed after such a