Authority: Supreme Court of India
Order Date: 11-08-2026
Case Overview
- Petition for Special Leave to Appeal (C) No.32162/2025 filed by Municipal Corporation Gwalior against respondents Rakesh Soni & Ors, arising from High Court of Madhya Pradesh at Gwalior judgment and order dated 20-05-2025 in SA No.91/2008.
- The High Court had allowed the second appeal of the respondents and issued an operative order (quoted in the Supreme Court record) setting aside earlier judgments, permitting amendment of cause title, declaring plaintiffs’ possession under lease deed dated 29-07-1932, restraining the corporation from interfering with possession for the remaining term of the 99-year lease, while allowing the corporation to terminate the lease earlier per its terms, and dismissing the corporation’s counter‑claim.
- Counsel for the petitioner included Sr. Adv. Puneet Jain and others; counsel for the respondents included Sr. Adv. Nikhil Goel and others. The bench comprised Hon’ble Mr. Justice J.B. Pardiwala and Hon’ble Mr. Justice K. Vinod Chandran.
Final Outcome
- The Supreme Court set aside the judgments and decree of both the trial court and the High Court.
- It ordered that the appellants/plaintiffs may amend the cause title of the memo of first and second appeal concerning valuation and pay requisite court fees on the counter‑claim within 15 days.
- It affirmed that the plaintiffs are occupying the suit property pursuant to the lease deed dated 29-07-1932 executed by Gwalior Municipality of the former Gwalior State.
- The corporation (Municipal Corporation Gwalior) is restrained from interfering with the plaintiffs’ possession until the expiry of the 99‑year lease, but may initiate lease termination steps in accordance with the lease agreement before expiry.
- The corporation’s counter‑claim is dismissed.
- Each party shall bear its own expenses.
- The Special Leave Petition and any pending applications are disposed of.
Topics: Lease Dispute, Judicial Review, Municipal Property