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Bombay High Court

MRS. NITA NILESH BAVISHIversusMR. VINOD ANUPCHAND BAVISHI AND OTHERS

Decided
Disposal
Disposed Off

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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