SHRI. JAIPRAKASH SURENDRALAL JAISWAL AND OTHERS vs SHRI. DNYANESHWAR FATTUJI DHOPTE AND ANOTHER — CRA/8/2026

Case under Code of Civil Procedure 1908 Section 115. Disposed: Contested--REJECTED on 22nd April 2026.

CNR: HCBM040003622026

CASE DISPOSED

Next Hearing

05th February 2026

Filing Number

CRA/241/2026

Filing Date

07-01-2026

Registration No

CRA/8/2026

Registration Date

20-01-2026

Judge

HON'BLE SHRI JUSTICE ROHIT WASUDEO JOSHI

Coram

HON'BLE SHRI JUSTICE ROHIT WASUDEO JOSHI

Bench Type

Single

Category

SUITS ( 38 )

Sub-Category

OTHER ( 99 )

Judicial Branch

Civil

Decision Date

22nd April 2026

Nature of Disposal

Contested--REJECTED

Acts & Sections

Code of Civil Procedure 1908 Section 115
Specific Relief Act Section ---
FOREST (CONSERVATION) ACT Section ---

Petitioner(s)

SHRI. JAIPRAKASH SURENDRALAL JAISWAL AND OTHERS

Adv. ROHAN RAJEEV CHHABRA,KARTIKAY KRISHNA KHANORKAR (FOR APPELLANT NO.1 TO

,KARTIKAY KRISHNA KHANORKAR (FOR APPELLANT NO.1 TO

, ,YOHAN R. CHOUGULE,KIRAN MAHESH ISRANI,VITTHAL R. MUNDRA (FOR APPELLANT NO.1 TO

,SAURABH N. TAPADIA (FOR APPELLANT NO.1 TO

,KARTIKAY KRISHNA KHANORKAR (FOR APPELLANT NO.1 TO

SHRI. SANJAY SURENDRALAL JAISWAL

SMT. RAJNI VIRENDRALAL JAISWAL

SMT. LATA VIJAY GUPTA

SHRI. VIJAY SURENDRALAL JAISWAL

SHRI. AJAY SURENDRALAL JAISWAL

SMT. ALKA SURENDRALAL JAISWAL

SMT. PRABHADEVI @ RATNAPRABHA GOPALDAS JAISWAL

SHRI. SIDDHART SURENDRALAL JAISWAL

SMT. SHUBHRA VISHAL JAISWAL

Respondent(s)

SHRI. DNYANESHWAR FATTUJI DHOPTE AND ANOTHER

Adv. SIDDHARTH S. UPADHYAY (FOR R/

,KRISHNA S. AGRAWAL (FOR R/

,CHINTAN SANDIP TAMHANE (FOR R/

1123

M/S. GAJANAN BUILDERS DEVELOPERS, THR ITS PARTNER, SHRI. ANIL MAHADEORAO, NAGPUR

Hearing History

Judge: HON'BLE SHRI JUSTICE ROHIT WASUDEO JOSHI

05-02-2026
22-04-2026

FOR ADMISSION - -

17-04-2026

FOR ADMISSION - -

18-03-2026

FOR ADMISSION - -

05-03-2026

FOR ORDERS - (CIVIL SIDE MATTERS)

Orders

22-04-2026
HON'BLE SHRI JUSTICE ROHIT WASUDEO JOSHI

Case Summary: CRA 8/2026 The High Court of Bombay (Nagpur Bench) rejected the defendants' civil revision application challenging the trial court's rejection of their plaint objections. The court held that the plaintiff's second suit for specific performance of a land contract was not barred under Order XXIII Rule 1(3)(b) of the CPC because the earlier suit's withdrawal order (2022) expressly granted liberty to file a fresh suit if necessary, constituting express permission rather than unconditional withdrawal. Additionally, the court ruled that the land being recorded as "Zudpi Jungle" (forest land) under the Indian Forest Act, 1927 cannot bar the suit's maintainability, as civil courts are competent to pass unconditional decrees for forest land transfers subject to state government sanction, which remains a separate matter from pleading stage. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: CRA 8/2026 The High Court of Bombay (Nagpur Bench) rejected the defendants' civil revision application challenging the trial court's rejection of their plaint objections. The court held that the plaintiff's second suit for specific performance of a land contract was not barred under Order XXIII Rule 1(3)(b) of the CPC because the earlier suit's withdrawal order (2022) expressly granted liberty to file a fresh suit if necessary, constituting express permission rather than unconditional withdrawal. Additionally, the court ruled that the land being recorded as "Zudpi Jungle" (forest land) under the Indian Forest Act, 1927 cannot bar the suit's maintainability, as civil courts are competent to pass unconditional decrees for forest land transfers subject to state government sanction, which remains a separate matter from pleading stage. This case analysis is maintained by casestatus.in based on publicly available court records.

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