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Bombay High Court

SHARMILA RAJESHKUMAR PATEL AND ANOTHERversusMAYANK ISHWARBHAI PATEL AND ANOTHER

Decided
Disposal
Disposed Off

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.]




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Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 25/06/2026 20:13:28


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