Bombay High Court

Bombay High Court: Land Division Dispute Between Thakker Developers and Heirs of Nalini Arjun Tejale

Updated
Nov 28, 2025 3:50 PM
bombay-high-court-land-division-dispute-between-thakker-developers-and-heirs-of-nalini-arjun-tejale

Quick Summary: This case is about a long fight over land division in Nashik, India. It involves Thakker Developers and the heirs of Nalini Arjun Tejale, focusing on carrying out a land division decision from the 1950s. The court recently made decisions on several requests related to this dispute.

Background of the Case

The legal fight started over 75 years ago when a case was filed in 1949 by Rama and others against Laxman, Bhiva, Malhari, and Rama for lands in Nashik. The Civil Court decided in favor of the plaintiffs, giving them possession of certain lands.

The Appeal and Settlement

In 1951, the defendants challenged this, leading to an agreement where the plaintiffs were given specific parts of the land. The High Court decided that the Collector should divide the land.

"The Plaintiffs will be entitled to recover possession of S.No.80/3 and of 1/4th share in S.No.867/1 and 867/2."

Execution and Disputes

Over the years, carrying out this decision faced problems. In 1992, the land was divided, but arguments arose about whether this division was fair. Appeals and revisions were filed, questioning the execution and the division plan.

Recent Developments

In 2024, the Revenue Minister canceled previous orders, pointing out issues in the division plan. Thakker Developers and others, who had bought parts of the land, challenged these decisions, leading to multiple legal petitions.

"The partition chart was not prepared in accordance with the terms of the consent decree."

Court's Decision

The court decided that the division of lands should be done again, focusing on the specific survey numbers mentioned in the original decision. However, it confirmed that Thakker Developers could keep Survey No.80/3, as it was not part of the disputed division.

The Outcome

The court ordered the correction of entries in the land records for Survey No.80/3 and directed a new division for the other lands.

"The impugned orders do not affect the delivery of possession of Survey No.80/3 to the Plaintiffs."

This case shows how complicated land disputes can be and the importance of sticking to original legal decisions. The court's decision is a big step in solving this decades-old conflict, providing clear instructions for what to do next.

Tags:
Land Dispute
Property Rights
Maharashtra Ownership Flats Act