High Court Modifies Decree in Land Possession Case Based on Court Receiver's Report. Appellant's Firm Seeks Modification of Adverse Possession Declaration to Align with Actual Possession Area After Three Decades of Status Quo

Nature of Litigation: Civil appeal against trial court judgment in land possession suit

Remedy Sought

Appellant sought modification of trial court decree regarding adverse possession area to align with Court Receiver's report

Filing Reason

Appeal filed against trial court's judgment dated 4 March 1994 which dismissed Appellant's suit for possession and declared Respondents owners by adverse possession of 170 sq. yards

Previous Decisions

Trial court dismissed Appellant's suit for possession of 688.50 sq. ft. land and declared Respondents owners by adverse possession of 170 sq. yards in Judgment and Decree dated 4 March 1994

Issues

Whether the appellate court should modify the trial court's decree regarding adverse possession based on the Court Receiver's report and long-standing status quo order

Submissions/Arguments

Appellant did not press appeal on merits but sought modification of decree to conform with Court Receiver's report dated 13 October 1995 Appellant relied on Order XLI Rules 31, 32 and 33 of CPC and Supreme Court decision in Chandi Prasad v. Jagdish Prasad Appellant submitted that parties adhered to status quo order dated 10 November 1995 for over three decades

Ratio Decidendi

Appellate court has power under Order XLI Rules 32 and 33 of CPC to modify decree where trial court decree merges in appellate decree. Court may modify decree based on changed circumstances and long-standing status quo order. Where parties have regulated possession according to court order for decades, court may modify decree to reflect actual possession.

Judgment Excerpts

Held that this Court, in Appellate jurisdiction, is empowered to vary or modify the decree, whereupon the decree of the Trial Court stands merged in the appellate decree Held that in these peculiar facts and circumstances of the case, and having regard to the unequivocal statement made on behalf of the Appellant, this Court is of the view that the ends of justice would be met by accepting the said statement and modifying the impugned decree accordingly Held that in exercise of Appellate Powers under Order XLI Rules 32 and 33 of the CPC, this Court deems it appropriate to modify the impugned Judgment and Decree, strictly in terms of the area recorded in the Court Receiver's report dated 13 October 1995

Procedural History

Suit No. 5989 of 1974 filed in Bombay City Civil Court -- Judgment and Decree dated 4 March 1994 passed dismissing Appellant's suit and declaring Respondents owners by adverse possession of 170 sq. yards -- First Appeal No. 945 of 1994 filed in 1994 -- Civil Application No. 3125 of 1994 filed -- Order dated 7 September 1995 directing Court Receiver to measure property -- Architect's report dated 13 October 1995 submitted -- Status quo order dated 10 November 1995 passed -- Appeal heard finally on 3 February 2026 -- Judgment pronounced on 6 February 2026