Bombay High Court
MRS. NITA NILESH BAVISHIversusMR. VINOD ANUPCHAND BAVISHI AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The appeal is disposed of as there is nothing left to consider after possession has been handed over.
Summary
Mrs. Nita Nilesh Bavishi appealed against the order rejecting her interim application for possession of the disputed property. The trial court later recorded that possession had been handed over to her under consent terms. The High Court noted that, since possession was already transferred, there was no remaining issue for adjudication. Consequently, the Court held that the appeal stood disposed of. The judgment further indicated that the appellant could seek appropriate remedy in another forum if the situation changes.
Issues considered
- What is the appropriate disposition of an appeal when the relief sought (possession) has already been granted under consent terms?
Subjects
- possession
- interim application
- consent terms
- appeal disposal
- civil procedure
Judgment
2026:BHC-AS:7850
907 AO-614-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 614 OF 2025
Mrs. Nita Nilesh Bavishi ...Appellant
Versus
Mr. Vinod Anupchand Bavishi and Others ...Respondents
——————
Mr. Sanket S. Bora, Ms. Vidhi K. Punamiya, Ms. Amiya R. Das i/b SPCM
Legal for Appellant.
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : 12th June, 2026
P. C. :
1. By order of 11th June, 2026, this Court had recorded that as the
possession has been handed over to the Appellant, nothing further
survives in the Appeal from Order.
2. The Appeal originated from the rejection of Plaintiff’s Interim
Application for handing over possession and as possession has been
claimed to be handed over under the Consent Terms, the Appeal from
Order stands disposed of.
3. Needless to clarify that in event of any change in position, it is
open for Appellant to adopt appropriate remedy at the appropriate
forum.
Sairaj 1 of 2
907 AO-614-2025.doc
4. In view of above, nothing survives for consideration in pending
Applications, if any, and the same stand disposed of.
[SHARMILA U. DESHMUKH, J.]
Sairaj 2 of 2
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