903-IA-7034-26+.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7034 OF 2026 IN WRIT PETITION NO.2754 OF 2021 WITH INTERIM APPLICATION NO.7032 OF 2026 IN WRIT PETITION NO. 3167 OF 2021 The Villagers, Pale Budruk Thr. Shri. Shivram Baji bahabale … Applicant V/s. Sandesh Tukaram Sanap … Respondents Mr. Sagar G. Talekar, for Petitioner in WP/2754/2021. Ms. Nikita S. Kamble with Mr. Suresh Kamble, for Petitioner in WP/3167/2021. Mr. Pradeep M. Patil with Mr. P. B. Gole, for Applicant in both IA’s and Respondent no. 4 in WP/2754/2021 and Respondent no. 5 in WP/3167/2021. Mrs. Vaishali Nimbalkar, AGP for Respondent Nos. 1 to 3 in WP/2754/2021. Mr. S. H. Kankal, AGP for Respondent nos. 1 to 3 in WP No.3167/2021. CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 08, 2026 P.C.: 1. The present Petitions can be disposed of in view of the following findings: 1 903-IA-7034-26+.doc I) The application does not contain the exact description of the road in question and does not set out the necessary particulars so as to enable proper identification of the alleged road and the property through which it is stated to pass. II) The owner of the land through which the alleged road is stated to pass has not been impleaded as a party to the proceedings. Consequently, the owner has not been afforded an opportunity of being heard before any order affecting her rights in the property is passed. 2. In view of the aforesaid findings, and in the interest of justice, the original applicants are required to be permitted to amend their application so as to incorporate the exact description of the road in question. Such particulars are necessary for proper identification of the property and for avoiding any dispute in that regard. It is also necessary that the owner of the concerned land be impleaded as a party and be afforded a proper opportunity of hearing. Accordingly, the respondent-original applicants are permitted to amend their application by incorporating the exact description of the road and by impleading Sanjita Sandesh Sanap, owner of Survey No. 151, as an Opponent. She shall be served with the amended application and shall be afforded an opportunity to file her reply., upon giving an opportunity of hearing to all the parties, the Tahsildar shall decide the application in accordance with law. 2 903-IA-7034-26+.doc 3. The parties shall appear before the Tahsildar on 28th September 2026. 4. The Tahsildar shall be at liberty to permit the parties to place fresh material on record, if considered necessary for proper adjudication of the application. The Tahsildar shall adjudicate upon the issue regarding the existence of the road in question on the basis of the material placed before him and in accordance with law. 5. All questions raised by both sides, including the question regarding the limits of the alleged road, are kept open for being urged and adjudicated upon before the Tahsildar. No finding on those issues is being recorded by this Court at this stage. 6. It is noted that, during the pendency of these proceedings, this Court has, for the last four years, permitted the original applicants to use the alleged road on two specified dates in a year for the purpose of immersion of Ganesh idols. Having regard to the said arrangement which has continued for the preceding four years, the petitioners in both the Petitions shall permit the original applicants to use the alleged road on 19th September 2026 and 25th September 2026 for the aforesaid purpose. 7. It is clarified that the arrangement contained in the preceding paragraph is confined strictly to 19th September 2026 and 25th September 2026. The same shall not be construed as recording or recognising any finding regarding the existence, location, width, limits or legal status of the alleged road. The 3 903-IA-7034-26+.doc Tahsildar shall decide the application independently and on its own merits, without being influenced by the aforesaid temporary arrangement or by any observations made in these Petitions. 8. A copy of the amended application shall be served upon both the petitioners before 28th September 2026, so as to enable them to participate effectively in the proceedings before the Tahsildar. 9. In view of the aforesaid directions, both the Petitions as well as the Interim Applications stand disposed of accordingly. (AMIT BORKAR, J.) 4