Civil Court decree – Finality – Effect on subsequent proceedings Paras 23, 24 The Court held that where a decree of permanent injunction passed by a competent civil Court has attained finality, including dismissal of appeals and absence of further challenge, the findings recorded therein cannot be indirectly unsettled in collateral proceedings. In the present case, the decree restraining interference with possession stood confirmed up to the High Court, and therefore, the Division Bench erred in casting doubt on the rights of the appellants.

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(A) Civil Court decree – Finality – Effect on subsequent proceedings

Paras 23, 24

The Court held that where a decree of permanent injunction passed by a competent civil Court has attained finality, including dismissal of appeals and absence of further challenge, the findings recorded therein cannot be indirectly unsettled in collateral proceedings. In the present case, the decree restraining interference with possession stood confirmed up to the High Court, and therefore, the Division Bench erred in casting doubt on the rights of the appellants.

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(B) Scope of writ proceedings – Impermissibility of adjudicating title

Paras 29, 32

The Court held that in writ jurisdiction, particularly where the issue pertains to administrative decision-making, the Court ought not to adjudicate questions of title unless such issue directly arises. In the present case, the writ petition was confined to seeking consideration of incorporation of plots in the layout plan, and therefore, the Division Bench exceeded its jurisdiction in entering into and deciding issues relating to title.

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(C) Layout plan – De-reservation of land – Effect

Paras 26, 28

The Court held that once land originally reserved for a public purpose in a layout plan is validly de-reserved by the competent authority, there must be cogent material to show that such land continues to retain the character of public purpose. In the absence of such material, the land cannot be treated as perpetually reserved or restricted from private ownership.

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(D) Municipal records – Evidentiary value

Para 27

The Court held that a mere entry in municipal records or property registers does not constitute proof of title. Such entries, in absence of supporting legal basis, cannot override registered conveyances or long-standing possession.

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(E) Long-standing possession and registered conveyances – Effect

Paras 28, 31

The Court recognised that the appellants and their predecessors had acquired the property through registered sale deeds and had remained in long-standing possession. In the absence of any challenge to such title by the Corporation in appropriate proceedings, such possession and transactions cannot be disregarded.

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(F) Jurisdictional error – Division Bench

Paras 25, 32

The Court held that the Division Bench committed a jurisdictional error by:
entering into questions of title not arising in the proceedings, and
by virtually unsettling findings of the civil Court decree. The adjudication was held to be beyond the scope of the appeal.

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(G) Administrative decision-making – Duty to consider application

Paras 31, 33

The Court affirmed that the appropriate course was to direct the municipal authority to consider the application for incorporation of the plots in the layout plan in accordance with law. The learned Single Judge had correctly issued such a direction, which did not suffer from any infirmity.

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FINAL DISPOSITION

Paras 33–35

The appeal was allowed. The judgment of the Division Bench was set aside and that of the learned Single Judge was restored. The respondent-Corporation was directed to consider the appellants’ application for incorporation of the plots in the layout plan within 60 days by a speaking order. No costs were awarded.