Quick Summary: A legal battle over family land in Panvel, Raigad, has taken place between the Mhatre family and the Naik family. A recent court decision allowed the Mhatres to change their lawsuit and dismissed a counter-claim by the Naiks.
The case involves the Mhatre family, represented by Alankar, Amar, and Kamini Mhatre, all living in Bamandongre, Panvel. They filed a lawsuit against the Naik family, who are the legal heirs of the late Namdeo Narayan Naik, residing in Vahal, Panvel. The dispute is about family land that was taken by CIDCO in Raigad, which was supposed to give the heirs a developed plot of land under a special program.
On December 18, 2023, a judge in Panvel made a decision in a Regular Civil Suit No. 16/2009. The Mhatres wanted to remove a person and a plot from the case, but the court initially said no. Meanwhile, the Naiks wanted to change their written response to include a counter-claim against the Mhatres and another person, Chirag Bhanushali, saying they owed them money.
The land, originally owned by Narayan Hari Naik, was part of a family property. After CIDCO took it, the heirs were supposed to get a developed plot. However, the Naik brothers allegedly did not tell about their sisters' shares when applying for benefits under CIDCO's program, leading to more legal issues.
The Mhatres made an agreement with Chirag Bhanushali, leading them to want Bhanushali and the plot removed from the case. The Naik brothers disagreed, saying Bhanushali owed them money. The court initially allowed the Naiks to file a counter-claim, which the Mhatres argued against.
The court, led by Judge N. J. Jamadar, ruled on January 6, 2026, that the Mhatres could change their lawsuit and remove Bhanushali and the plot. The court dismissed the Naiks' counter-claim, saying it couldn't be only against someone on the same side of the case like Bhanushali.
"A defendant cannot be permitted to raise a counter-claim against the co-defendant." - Supreme Court Precedent
The judgment highlighted that those who bring a lawsuit can drop claims against others without needing court approval unless they plan to start a new lawsuit. It also pointed out that counter-claims must be directed against the person who started the lawsuit, not just against someone on the same side.
The court's decision allows the Mhatres to continue with their changed lawsuit, while the Naiks' attempt to file a counter-claim was rejected. This marks a significant point in the ongoing legal battle over the land.
