108-year-old man's land dispute case accepted by SC after his death

108-year-old man's land dispute case accepted by SC after his death

In a tragic turn of events, a 108-year-old man from Maharashtra passed away just days before the Supreme Court agreed to hear his appeal in a land dispute case that he had been relentlessly pursuing for an astounding 55 years, starting from 1968. The case had remained pending before the Bombay High Court for an unbelievable 27 years before ultimately being dismissed in 2015.

The petitioner, Sopan Narsinga Gaikwad, had purchased a plot of land in 1968 through a registered sale deed, only to discover later that the land was already mortgaged to a bank as collateral for a loan taken by the original owner. When the original owner defaulted on the loan, the bank issued a notice to Gaikwad for the attachment of the property.

Gaikwad took the matter to trial court, seeking recognition as the bona fide purchaser of the land and requesting that the bank recover the loan by selling other properties owned by the original owner. The trial court ruled in Gaikwad's favor on September 10, 1982. However, the original owner appealed the decision, resulting in the decree being reversed in 1987.

Undeterred, Gaikwad moved the Bombay High Court in a second appeal in 1988. Astonishingly, the case remained pending before the High Court for an additional 27 years before being dismissed in 2015.

The petitioner's counsel, Vikram Kadam, explained that the delay in filing the appeal before the Supreme Court was partly attributed to the aged man's rural background, as he learned about the High Court's verdict much later. Furthermore, the outbreak of the Covid-19 pandemic posed further challenges to the pursuit of justice.

Despite the petitioner's unfortunate demise, the Supreme Court agreed to hear the plea on July 12. Regrettably, the news of the petitioner's passing from the rural area reached the court just after the hearing. However, the court decided that the legal heirs of Sopan Narsinga Gaikwad would now represent him in this historic land dispute battle.

The Supreme Court issued a notice on the application for condonation of a significant delay of 1,467 days and 267 days in moving the apex court against the Bombay High Court's orders dated October 23, 2015, and February 13, 2019. The court has also sought a response from the opposing parties within eight weeks.

Justice D Y Chandrachud empathized with the petitioner's extraordinary age and highlighted that the High Court had not even addressed the merits of the case, dismissing it solely due to non-appearance of the advocates. The bench also acknowledged the challenges faced by the rural petitioner in accessing timely legal representation.

The bench further took note of petitioner's counsel Vikram Kadam's submission that the decree passed by the trial court was overturned by the first appellate court, and the second appeal before the Bombay High Court had been pending since 1988.

As the legal battle continues, the late Sopan Narsinga Gaikwad's legacy lives on, and his quest for justice will be carried forward by his legal heirs in the Supreme Court.

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