Court Appoints Commissioner for Final Partition and Upholds Requirement for 12-Metre Internal Road
The Bombay High Court, in a significant judgment dated February 27, 2026, resolved a long-standing partition dispute concerning the estate of the late Mia Mohamed Haji Janmohamed Chotani. The case, originally filed in 1950, involved a complex web of claims and counterclaims among the heirs and parties with interests in the estate, particularly the property designated as Survey No. 208 in Yeravada, Pune.
Presided over by Justice Farhan P. Dubash, the court ordered the partition of the remaining portion of Final Plot No. 79 (Part) in accordance with a detailed plan prepared by Architect Mr. Kanhekar Prakash. This plan, submitted by the Commissioner for Taking Accounts, proposes dividing the 4271.50 sq. meters plot into various sub-plots and includes the provision of a 12-metre internal road, which was a point of contention among the parties.
The court rejected the objection raised by Defendant No. 2 regarding the necessity of the 12-metre road, affirming its compliance with the Unified Development Control and Promotion Regulations for Maharashtra State (UDCPR). The court emphasized that the road is essential for access requirements and aligns with current legal standards.
The judgment also addressed multiple competing claims on sub-plots within the estate. The court directed the parties to maintain the status quo and allowed them to initiate proceedings for adjudicating rights, ensuring they benefit from the provisions of the Limitation Act, 1963.
The court's decision brings closure to a suit that spanned over seven decades, involving numerous legal maneuvers, including various settlements, compromises, and impleadments of new parties over the years. The resolution includes directions for the physical demarcation of sub-plots, updating of revenue records, and the appointment of the Registrar of the concerned District Court as Receiver for certain disputed sub-plots.
This judgment not only resolves a protracted legal dispute but also sets a precedent for the management and partitioning of ancestral properties involving multiple stakeholders and conflicting claims.
Bottom Line:
Suit seeking declaration and partition of deceased's estate among heirs with consequential reliefs including sale and accounts rendition.
Statutory provision(s): Civil Procedure Code, 1908, Order XL Rule 1(d); Limitation Act, 1963, Section 14.
