Supreme Court - Daily Orders
Shrichand Rajaram Kukreja vs The State Of Maharashtra on 26 February, 2024
Bench: Aniruddha Bose, Sanjay Kumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2024.
(Arising from SLP(C.) No(s).11122-11124/2023)
SHRICHAND RAJARAM KUKREJA APPELLANT(S)
VERSUS
THE STATE OF MAHARASHTRA & ORS.ETC. RESPONDENT(S)
O R D E R
Leave granted.
2. We have heard learned counsel for the appellant and respondent no.5 (Kishan Shankar Bhalerao) in the civil appeal (arising out of S.L.P.(C) No. 11122 of 2023). The latter is respondent no. 7 in the civil appeal arising from S.L.P.(C) No. 11123 of 2023 whereas in the appeal arising out of SLP(C) No. 11124 of 2023, he is the first respondent. The respondent Nos.1, 2 and 3 in the first two Civil Appeals, arising from SLP(C)Nos. 11122 and 11123 of 2023 are represented before us by Mr. Deshmukh, learned counsel. Mr. Deshmukh’s clients are the State authorities and are not directly involved in the lis which is the subject of the present set of appeals. The dispute in these proceedings is over certain properties bearing Survey No.4, Hissa No.2 and Survey No.4, Hissa No.4 situated in Village Varap, Tal. Kalyan, District Thane, Maharashtra. The appellant (common in all the appeals) claims title over the Signature Not Verified said properties on the basis of a registered deed dated Digitally signed by NIRMALA NEGI Date: 2024.03.04 16:55:50 IST Reason: 20.06.2002 executed by Takuram Ambo Bhoir (respondent No.4 in the first two appeals and respondent No.2 in the third appeal).
3. Kisan Shankar Bhalerao is also claiming title over part 2 of the said properties on the basis of a registered deed executed on 29.12.2021 between said Tukaram and himself. Tukaram has chosen not to be present before us. There are several pending proceedings touching upon the title or interest to the said land including a suit (Civil Suit No. 133/2019 pending in the Court of Civil Judge, Senior Division, Kalyan, Maharashtra, filed by Tukaram challenging the Sale Deed No. 1795/2002 dated 20.06.2002 executed in favour of the appellant.) We are not inclined to make any comment as regards the title or possession of the said properties as that has to be determined on leading of evidence. The controversy on which submissions have been made before us is over alteration of the mutation entry in the revenue records (7/12 extract appears to be the common term to describe these records). Now as per Mutation Entry Nos. 1104 and 1109, the subject-properties stand subdivided carrying Survey No. 4/2 and Hissa No. 4/4, reinstating the name of Tukaram and Kisan Shankar Bhalerao being shown as subsequent purchaser. Such record has been effected in favour of Kisan Shankar Bhalerao on 17.01.2022.
The extract from the relevant register which has been made Annexure P-1 (page 36) of the first Appeal, however, records the appellant as purchaser. The extract from the mutation entry shows:-
“Dated 25.07.2002 By way of Sale-Deed, the Survey Number mentioned herein purchased by Shrichand Rajajram Kukreja from Tukaram Ambo Bhoir trhogh Power of Attorney Ashok Rajaram Kukreja for the consideration of Rs.10,00,000/- (Rupees 3 Ten Lacs Only).
Record
1) Copy of Sale-Deed dated 20.06.2002 bearing No.1795.
2) K.T.D./Order/Division/SR No.155/2001, SDO, Thane Division.
3) Proof of farmer.
4) Order bearing No.KK/2308/2300/2002 dated 21.01.2002 passed by Mumbai Municpal Development Authority.
Talathi Varap, Kamba, Tal. Kalyan, DistrictThane.” In our opinion, as the question of title of the subject properties is still pending, any alteration in the entry ought to be kept in abeyance and the recordal therein shall become operational depending upon the outcome of the aforesaid suit.
We further direct that status quo as regards possession, title and the nature of the suit properties as it stands today shall not be altered or changed unless there is any order passed in the aforementioned suit by the concerned Civil Court or any Court having appellate or Revisional jurisdiction over such order permitting such alteration or change. The impugned judgment and order shall stand modified to the above extent.
The present appeals shall stand disposed of in the above terms.
Pending application(s), if any, shall stand disposed of. There shall be no order as to costs.
...................J. [ANIRUDDHA BOSE] ...................J. [SANJAY KUMAR] New Delhi;
February 26, 2024.
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ITEM NO.51 COURT NO.5 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) Nos.11122-11124/2023 (Arising out of impugned final judgment and orders dated 17-04-2023 in WP No. 2082/2023, WP No. 2600/2022 & WP No. 7510/2022 passed by the High Court Of Judicature At Bombay) SHRICHAND RAJARAM KUKREJA PETITIONER(S) VERSUS THE STATE OF MAHARASHTRA & ORS. RESPONDENT(S) ( IA No. 138000/2023 - EXEMPTION FROM FILING O.T., IA No. 122402/2023 - EXEMPTION FROM FILING O.T. IA No. 122401/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES & IA No. 137998/2023 - STAY APPLICATION) Date : 26-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. K.Parameshwar, Adv.
Mr. Anand Dilip Landge, AOR Mr. Nikhil Patil, Adv.
Mrs. Sangeeta S Pahune Patil, Adv.
For Respondent(s) Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nishant Sharma, Adv.
Mr. Aniruddha Deshmukh, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya A Pande, AOR Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Preet S Phanse, Adv.
Mr. Adarsh Dubey, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order, which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR