Summary: In a property possession case from Khamgaon, the Bombay High Court ruled against Amol Deshpande, who tried to reclaim his land without following proper legal steps. The court emphasized the need to follow legal processes.
Amol Subashrao Deshpande, a businessman from Khamgaon, filed a lawsuit against Suresh Indal Chavan, claiming Suresh was illegally using his property. The dispute was over a 25.50 square meter section of a 170 square meter plot in Khamgaon, Buldana.
On December 23, 2024, the court decided in favor of Amol, ordering Suresh to leave the disputed land. Amol was also given a court order to stop Suresh from causing more trouble.
Despite the court's decision, Amol took control of the property on May 3, 2025, with police help, without officially asking the court to carry out the decision. This happened before he knew about Suresh's appeal against the judgment.
Suresh filed an appeal and asked to get the property back, arguing that Amol's actions were illegal since no official court process was started. On May 21, 2025, the higher court ordered that the property be returned to Suresh.
Amol's Stand: His lawyer, Shri P.S. Tiwari, argued that without a pause on the court's decision, Amol had the right to take back his property. He mentioned previous court decisions that supported his right to enjoy the decision's benefits immediately.
Suresh's Defense: Represented by Shri A.R. Wagh, Suresh argued that Amol's actions were not lawful. He emphasized the need to start official court processes according to legal rules.
Judge Prafulla S. Khubalkar decided that Amol's actions were not lawful. The court stressed that legal steps must be followed to carry out a court decision. The request to overturn the higher court's decision was dismissed, reinforcing the need to follow legal rules.
