Bombay HC
MUMBAI: A suit dating back to the year India got independence finally stood disposed of by the Bombay high court this month, with the fourth generation of the original land owner amicably settling a property dispute. The estate included vast portions of the village of Dahisar in north Mumbai. The area was a whopping 2,891 acres or over 1,100 hectares. It was 3.5 times the size of Central Park in New York.Over the decades, the legal battle saw repeated pleas against sale of parcels of land in Dahisar to private parties, as well as an acquisition by the state under the Salsette Law and Forest Act.Justice Farhan Dubash, one of the newest judges of the high court, put a quietus via a consent term order to the legal tussle 78 years, or over three quarters of a century later, on a suit filed on Oct 7, 1947.The original suit had sought administration of the estate of one Haji Alimohammed Haji Cassum following his demise, as per personal laws applicable. It was filed by Badrushama, widow of Suleman Haji Alimohammed Haji Cassum, versus Salim Dawood Agboatwala and others.Justice Dubash, began his order with: “This order disposes of probably the oldest Suit that is currently pending before the Bombay high court.”Over the years, several orders were passed in the matter, including a preliminary decree passed on Nov 25, 1952 that determined the legal share of all heirs. Before that, the HC appointed a court receiver in 1950 to look after the property. Successive generations continued the legal battle before the HC. Finally, with the litigation entering the fourth generation, all heirs decided to amicably settle. They filed consent terms before the HC on Feb 5. The terms were accepted, and the suit was struck off from a pendency list to a disposed one.This verdict resulted in one of the longest pending cases in the history of the Bombay HC coming to a close.The HC recorded the agreement arrived at between the parties after hearing Kevic Setalvad, senior counsel with advocate Vijaylaxmi Kulkarni appearing for the plaintiffs, and Anupam Surve, counsel with solicitor Nanu Hormasjee and Co for contesting heirs.The settlement was between Ateeq Anwar Agboatwala, a power of attorney holder for the first plaintiff, and other members of the Agboatwala family.At the end of the settlement, what was payable to the court receiver towards costs and charges in the matter was Rs 7 lakh. After deducting this amount, the rest of the undisclosed amount is to be returned on or before Feb 20, 2026 to the family.
