Bombay High Court Orders Partition Of Yerawada Property In Suit Pending Since 1950, Closes 75-Year-Old Family Dispute

The Bombay High Court has ordered the partition of a property in Pune's Yerawada area, bringing partial closure to a family dispute that has been pending since 1950. The Court directed that the remaining portion of the land be divided among the concerned parties according to a plan prepared by an architect and approved by the Court.Justice Farhan P. Dubash was hearing proceedings in a long-running civil suit filed by the heirs of Mia Mohamed Haji Janmohamed Chotani, seeking declaration of their shares and partition of his estate. Shortly after the suit was filed in 1950, the High Court had appointed the Court Receiver to manage the properties belonging to the deceased and later passed a preliminary decree declaring the shares of the heirs. Over the decades, several developments took place in the case. Some of the original properties were acquired by the government, while others were sold and the proceeds distributed among the heirs. Ultimately, only a parcel of land in Yerawada remained to be divided among the parties.Disputes also arose from claims by other individuals and entities over parts of the property. At different stages, developers and purchasers were added as parties to the suit after they claimed rights based on agreements or transactions with some of the heirs.To finally divide the remaining land, the Court relied on a plan submitted by the Commissioner for Taking Accounts, which proposed dividing the property into multiple sub-plots. Most parties accepted the plan, but one defendant objected to the proposal of a 12-metre internal road in the layout, suggesting that a narrower 6-metre road would be sufficient.After reviewing the architect's opinion, the Court rejected the objection. The architect had clarified that the 12-metre road is required under the Unified Development Control and Promotion Regulations (UDCPR) for such land subdivisions and also matches earlier layout plans prepared in the 1980s. It observed:“…. the 12-metre road requirement is in consonance with the Unified Development Control and Promotion Regulations for Maharashtra State (UDCPR)… it is mandatory to have a 12-metre road for the partition… such 12-metre internal road is needed to be extended till the end of the Final Plot No. 79 and as an entry to Final Plot No. 80.”The Court therefore directed the Commissioner to proceed with partition of the remaining property according to the approved layout plan and to carry out physical demarcation of the plots with the help of land-record authorities.The Court also issued specific directions regarding certain sub-plots where competing claims exist, stating that parties are free to approach the appropriate civil court to resolve those disputes. Until then, status quo will be maintained for some of those plots.With these directions, the Court disposed of the 75-year-old civil suit, discharging the Court Receiver and other officials involved in managing the property during the pendency of the litigation.Case Title: Ebrahim Mia Mahomed Haji Janmahomed Chotani & Anr. v. The Official Assignee of Bombay & Ors. [Suit No. 208 of 1950]Click Here To Read/Download Order

Bombay High Court Orders Partition Of Yerawada Property In Suit Pending Since 1950, Closes 75-Year-Old Family Dispute

Saksham Vaishya

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