MUMBAI: A lawsuit dating back to the year of India’s independence has finally been heard by the Bombay High Court this month, with the fourth generation of the original land owners amicably settling a property dispute. The estate includes most of the village of Dahisar in north Mumbai. It covers an area of 2,891 acres (more than 1,100 hectares). Its area is 3.5 times the size of New York’s Central Park.The legal battle has seen repeated calls over the decades against the sale of land in Dahisar to private parties, as well as the state’s acquisition of land under the Salset Act and the Forest Act.Justice Farhan Dubash, one of the new judges of the High Court, put the legal dispute to rest after 78 years, more than three-quarters of a century, by passing a consent period order in proceedings filed on October 7, 1947.The original suit sought the administration of the estate of Haji Alimohammed Haji Cassum upon his death in accordance with applicable personal laws. The lawsuit was filed by Badru Sama, the widow of Suleiman Haji Ali Mohammad Haji Kasum, and Salim Daoud Agbotwala, among others.“This order deals with probably the oldest litigation currently pending before the Bombay High Court,” Justice Dubash wrote at the beginning of his order.Over the years, several orders were passed in this matter, including a preliminary decree passed on November 25, 1952, fixing the legal shares of all the heirs.Prior to this, the HC appointed a court receiver in 1950 to manage the property. Legal battles continue before the Supreme Court through the generations. Eventually, as the litigation entered its fourth generation, all the heirs decided to settle amicably. They submitted the terms of consent to the Supreme Council on February 5. The terms were accepted and the suit was removed from the pending list as disposed of.The verdict brings to an end one of the longest pending cases in the history of Bombay High Court.The high court recorded the agreement reached by the parties after hearing senior counsel Kevic Setalvad of Vijaylaxmi Kulkarni, counsel for the plaintiff, and lawyer Anupam Surve of Nanu Hormasjee and Co, representing the lawyers vying for the heirs.The settlement agreement was reached between Ateeq Anwar Agboatwala, the power of attorney holder of the first plaintiff, and other members of the Agboatwala family.At the conclusion of the settlement, Rs 700,000 shall be paid to the Court Receiver for costs and charges in the case. After deducting this amount, the remaining undisclosed amount will be refunded to the family on or before February 20, 2026.
