Bombay High Court
SHARMILA RAJESHKUMAR PATEL AND ANOTHERversusMAYANK ISHWARBHAI PATEL AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The appeal is disposed of with directions for the defendant to deposit Rs.15,000 per month, pay maintenance to the housing society, and the parties are to undergo mediation.
Summary
The appeal was filed by Sharmila Rajeshkumar Patel and another (appellants) against an order dismissing their notice of motion seeking Rs.10,00,000 in damages, Rs.15,000 per month as mesne profit, and appointment of a court commissioner in a suit concerning a share certificate owned by the plaintiff. The parties are siblings, and the defendant (brother) agreed to deposit Rs.15,000 per month in the trial court pending final disposal and to continue paying maintenance to the cooperative housing society where the flat is occupied. The plaintiff’s counsel accepted the defendant’s proposal and suggested that the matter be settled through mediation. The court directed the parties to approach the Main Mediation Centre of the High Court, Bombay, and appointed a mediator to facilitate settlement. Accordingly, the court ordered the defendant to deposit the stipulated amount each month, subject to the suit’s outcome, and to pay maintenance to the housing society, thereby disposing of the appeal.
Issues considered
- What interim relief, if any, should be granted pending the final disposal of the suit concerning the share certificate?
- Whether the defendant should be directed to deposit mesne profit on a monthly basis and pay maintenance to the cooperative housing society.
- Whether the parties should be referred to mediation to attempt settlement of the familial property dispute.
Subjects
- family dispute
- share certificate
- mesne profit
- maintenance
- mediation
- civil procedure
- interim relief
Judgment
2026:BHC-AS:26201
61 AO 825-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 825 OF 2023
Sharmila Rajeshkumar Patel And Another ... Appellants.
Versus
Mayank Ishwarbhai Patel And Another ... Respondents.
—————
Mr. Dikshak Soni for the Appellants.
Mr. Vikrant V. Parashurami a/w. Ryan A. Barboza for the Respondents.
—————
Coram : Sharmila U. Deshmukh, J.
Date : June 25, 2026
P.C. :
1. The present Appeal from Order has been preferred against
the order dated 2nd September, 2023 dismissing the Notice of
Motion No.2237 of 2021 4led by the Plainti5 seeking directions
against the Defendant to pay Rs.10,00,000/- as damages,
Rs.15,000/- as mesne pro t per month till the disposal of the suit,
appointment of Court Commissioner and from creating any third
party rights.
2. The Plainti5 and the Defendant are siblings and it is not
disputed that the share certi4cate in respect of the suit 9at stands
in the name of the Plainti5. Considering the relationship between
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61 AO 825-23.doc
the parties, upon a query by this Court, learned counsel appearing
for the Defendant No.1, on instructions, submits that the
Defendant No.1 is agreeable to deposit a sum of Rs.15,000/- p.m. in
the Trial Court pending the hearing and 4nal disposal of the suit. He
would further submit that as the 9at is being occupied by the
Defendant No.1, he would continue to pay the maintenance to the
Co-operative Housing Society where the 9at is located.
3. In view of the willingness demonstrated by the Defendant
No.1, learned Advocate for the Plainti5 No.1, on instructions,
submits that the appeal may be disposed of with the directions as
agreeable to the Defendant No.1.
4. As the Plainti5 No.1 and the Defendant No.1 are siblings, an
attempt can be made to settle the dispute by mediation. The
parties are directed to approach the Main Mediation Centre, High
Court, Bombay and the Coordinator to appoint an Mediator. The
parties to approach the Main Mediation Centre on 3rd July, 2026 at
11:00 a.m. and the Coordinator to take the process forward.
5. In light of the above consensus, the appeal is disposed of with
the following directions:
(a) The Defendant No.1 is directed to deposit a sum of
Rs.15,000/- p.m. in the Trial Court by the 10 th day of
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61 AO 825-23.doc
each English calender month till the hearing and 4nal
disposal of the suit.
(b) The sum deposited will be subject to the outcome of
the suit.
(c) The maintenance and the other outgoings in respect of
the suit 9at to be paid by the Defendant No.1 to the Co-
operative Housing Society.
6. The Appeal from Order is disposed of in the above terms.
7. Interim Application if any does not survive for consideration
and same stands disposed of.
[Sharmila U. Deshmukh, J.]
sa_mandawgad 3 of 3
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 25/06/2026 20:13:28
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