Janardhan Maorti Katkade v. Smt. Tarabai Sadashiv Thawari And Others

51.sa.220.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.220 OF 2025 Janardhan Maroti Katkade .Vs. Smt. Tarabai Sadashiv Thawari and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.A. Dhawas, Advocate for appellant.

CORAM : ROHIT W. JOSHI, J.

DATE : 19/11/2025 1.

Issue notice to the respondents on the following substantial question of law, returnable on 18.12.2025.

"In the absence of any evidence regarding title being perfected by adverse possession, can a suit for removal of encroachment and possession based on title be said to be barred by limitation"

CIVIL APPLICATION (CAS) NO.1021 OF 2025 1.

The original plaintiff executed a gift deed with respect to land bearing Survey No.97/1, over which encroachment is alleged to be made by the defendants, on 28.05.2024, while the litigation was pending. In view of the above, permission is granted to add the name of Ruda Janardhan Katkade, as appellant No.2.

2.

Necessary amendment be carried out on or before 28.11.2025.

Civil application is disposed of accordingly. (ROHIT W. JOSHI, J.) C.L. Dhakate