Parbatsinh Dolatsang Dodiya And Others Vs Rameshbhai Harjibhai Makwana And Others (Supreme Court of India)
SC: Appellate Court Cannot Travel Beyond Scope of Appeal; Advocate Receiver Ordered Amid Rival Claims Over Agricultural Land
In Parbatsinh Dolatsang Dodiya & Ors. v. Rameshbhai Harjibhai Makwana & Ors. [2026 INSC 898], the Supreme Court dealt with interconnected proceedings before the Bombay and Gujarat High Courts concerning approximately 18 acres 10 gunthas of agricultural land at Sanathal Village, Sanand Taluka, Ahmedabad.
The dispute originated from MoUs executed in 2013 and 2015 by the legal heirs of the landowner for transfer of the property. A suit for specific performance culminated in a consent decree dated 6 May 2016 before the Bombay High Court, followed by execution proceedings seeking delivery of vacant possession.
The appellants, claiming rights as agricultural tenants, objected to the execution proceedings. While considering their appeal against refusal of interim protection, the Bombay High Court Division Bench not only dismissed the appeal but also withdrew and disposed of the appellants’ pending interim application before the Single Judge.
Meanwhile, the appellants claimed that they had been declared “protected tenants” under Section 32G of the Gujarat Tenancy and Agricultural Lands Act, 1948 by an order dated 3 June 2024. Related proceedings before the Gujarat High Court resulted in an interim status quo arrangement, including permission to reap standing crops.
