Sandu Ganpat Kayastha vs The Commissioner, Municipal Corporation, Aurangabad. Advocate - Pathak A.S. — 41/2016

Case under Code of Civil Procedure Section 39. Disposed: Contested--DISMISSED on 27th March 2026.

R.C.S. - Regular Civil Suit

CNR: MHAU130000722016

Case disposed

Filing Number

95/2016

Filing Date

26-04-2016

Registration No

41/2016

Registration Date

27-04-2016

Court

Corporation Court, Aurangabad

Judge

1-CIVIL JUDGE S.D., CORPORATION COURT, AURANGABAD

Decision Date

27th March 2026

Nature of Disposal

Contested--DISMISSED

Acts & Sections

CODE OF CIVIL PROCEDURE Section 39

Petitioner(s)

Sandu Ganpat Kayastha

Adv. Dantal K.B.

Mahesh Sandu Kayastha

Suresh Sandu Kayastha

Bharati Sandu Kayastha

Respondent(s)

The Commissioner, Municipal Corporation, Aurangabad. Advocate - Pathak A.S.

The Administrative Officer, Municipal Corporation, Aurangabad

Hearing History

Judge: 1-CIVIL JUDGE S.D., CORPORATION COURT, AURANGABAD

27-03-2026

Disposed

16-03-2026

Judgment

12-03-2026

Arguments

07-03-2026

Arguments

25-02-2026

Arguments

Final Orders / Judgements

27-03-2026
Copy of Judgment

Case Summary: RCS No. 41/2016 The court dismissed the plaintiffs' suit for perpetual injunction against the Aurangabad Municipal Corporation. The plaintiffs, who claimed ownership of property acquired via a 1995 rent agreement (Bhade Patta), sought to restrain the corporation from constructing a road and acquiring 61.80 sq. meters of their property. The court found the plaintiffs were not legitimate owners (the actual owner being Dargah Shaha Daud Saheb), that the corporation lawfully obtained possession per a signed receipt, and that the suit was unmaintainable for lack of mandatory notice under Section 487 of the Maharashtra Municipal Corporations Act. The court held plaintiffs' remedy lay in pursuing compensation claims through land acquisition proceedings, not injunction. This case analysis is maintained by casestatus.in based on publicly available court records.

Interim Orders

casestatus.in Summary

Case Summary: RCS No. 41/2016 The court dismissed the plaintiffs' suit for perpetual injunction against the Aurangabad Municipal Corporation. The plaintiffs, who claimed ownership of property acquired via a 1995 rent agreement (Bhade Patta), sought to restrain the corporation from constructing a road and acquiring 61.80 sq. meters of their property. The court found the plaintiffs were not legitimate owners (the actual owner being Dargah Shaha Daud Saheb), that the corporation lawfully obtained possession per a signed receipt, and that the suit was unmaintainable for lack of mandatory notice under Section 487 of the Maharashtra Municipal Corporations Act. The court held plaintiffs' remedy lay in pursuing compensation claims through land acquisition proceedings, not injunction. This case analysis is maintained by casestatus.in based on publicly available court records.

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