IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2026 (Arising out of SLP (C)No. 3301 of 2026)

MUKTABAI & ORS. APPELLANT(S)

VERSUS BHIVRABAI & ORS. RESPONDENT(S)

O R D E R

1. Leave granted.

2. The appellants challenge the judgment and order dated 06.11.2025 in SA No. 426/2005 titled “Bhivsen (died) through LRs. & Ors. vs. Ram (D) through LRs & Ors.” passed by the High Court of Judicature at Bombay, Aurangabad.

3. Having heard learned counsel for the parties, we are of the considered view that the interest of justice would be best served by setting aside the impugned order and remanding the matter to the Trial Court for consideration of all issues and contentions raised by the parties across the Bar. Should any one of the parties desire amendment of the pleadings, it would always be open to them to do so, which, of course, has to be in accordance with law.

4. We direct the parties to appear before the Trial Court on

24^th March, 2026.

Signature Not Verified Digita5lly s.igned by The parties undertake not to seek any unnecessary RAJNI MUKHI Date: 2026.03.16 Reason:

adjournment(s).

6. We request the Trial Court to decide the suit afresh, expeditiously and preferably within a period of one year.

7. With the above observations, appeal stands disposed of.

8. All contentions are left open.

9. Pending application(s), if any, shall stand disposed of.

......................J.

(SANJAY KAROL)

...........................J.

(AUGUSTINE GEORGE MASIH)

NEW DELHI;

12TH MARCH, 2026 ITEM NO.52 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.3301/2026 [Arising out of impugned final judgment and order dated 06-11-2025 in SA No. 426/2005 passed by the High Court of Judicature at Bombay at Aurangabad]

MUKTABAI & ORS. Petitioner(s)

VERSUS BHIVRABAI & ORS. Respondent(s)

(IA No. 22732/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 22734/2026 - EXEMPTION FROM FILING O.T.)

Date : 12-03-2026 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) : Mr. Shashibhushan P. Adgaonkar, AOR For Respondent(s) :Mr. Vinay Navare, Sr. Adv.

Mr. Siddharth S. Chapalgaonkar, Adv.

Ms. Sneha Sanjay Botwe, AOR Mr. Akash Tripathi, Adv.

Mr. Parimal Wagh, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal is disposed of in terms of signed order.

3. Pending application(s), if any, shall also stand disposed of.

(RAJNI MUKHI) (ANU BHALLA)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

(Signed order is placed on the file)