Parbatsinh Dolatsang Dodiya & Ors. v. Rameshbhai Harjibhai Makwana & Ors.

Civil Appeal · 2026 INSC 898 (Non-Reportable)Decided 20 Aug 2026
Civil Appeal Nos. 10586–10588 of 2026 (with C.A. Nos. 10667–10668 of 2026), arising from SLP (Diary) No. 1054 of 2024
Justice S.V.N. Bhatti · Justice N.V. Anjaria

Background

Legal heirs of one Hirabai Desai had agreed by MoUs (2013 and 2015) to transfer roughly 18 acres of agricultural land in Sanathal village, Ahmedabad, to the respondents, who obtained a 2016 consent decree for specific performance from the Bombay High Court and sought to take possession through a court-appointed Receiver. The appellants, who claim to be agricultural tenants and say they were separately declared "protected tenants" in 2024, resisted, leading to parallel appeals arising from both the Bombay and Gujarat High Courts.

Decision Breakdown

The Supreme Court did not decide who actually owns the land or whether the appellants are genuine tenants: those questions remain pending below. In the Bombay-origin appeal, it found the High Court's Division Bench had ruled on issues beyond what was actually before it, so it set aside those findings and sent the appellants' interim application back for a fresh hearing on its own merits. In the Gujarat-origin appeal, it modified the status quo arrangement, directing that an independent Advocate Receiver be appointed to administer the disputed land while the underlying case remains pending, with the benefit going to whichever side ultimately wins.

Lesson Learnt

At the interim stage, courts often avoid deciding the real dispute and instead correct procedural overreach and put neutral safeguards (like an independent receiver) in place until the matter is finally decided, and a lower court's interim order can itself be challenged if it rules on issues beyond what was actually before it.

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