Bombay High Court

MARATHA MITRA MANDAL AND ORS.versusSUB URBAN COLLECTOR (ENCROACHMENT) THROUGH STATE OF MAHARASHTRA AND ORS.

Decided: 17 February 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The appellate court ordered that the plaintiff remain in possession of the property pending the disposal of the defendant's suit and directed that the suit proceed, without expressing any view on the merits.

Summary

The appellants, Maratha Mitra Mandal & Ors., were in possession of a property when the City Civil Court, Bombay dismissed their suit seeking protection from dispossession. The original defendant No.2, Siddhivinayak Co-operative Housing Society, subsequently filed a separate suit (No. 2266 of 2025) to dispossess the appellants. The appellants appealed the dismissal, seeking a stay of any dispossession pending the new suit. By consent, the High Court did not address the merits but ordered that the appellants remain in possession until the pending suit is decided and that the new suit proceed in the City Civil Court. The court also directed that the trial court expedite the pending suit and barred the appellants from creating any third‑party rights over the property. The appeal and the accompanying civil application were disposed of on these terms.

Issues considered

What is the appropriate appellate remedy when a lower court dismisses a suit seeking protection from dispossession?
Can the appellate court stay the dispossession of a property pending the outcome of a separate suit filed by the defendant?
Whether the appellate court may issue interim orders without expressing an opinion on the merits of the case?

Subjects

stay of execution
possession
appellate jurisdiction
civil appeal
property dispossession
interim relief

Judgment

HMK 1 20. FA-916-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYYED Digitally signed
CIVIL APPELLATE JURISDICTION
SAEED by SAYYED
SAEED ALI
ALI AHMED ALI
Date:
AHMED 2026.02.18 FIRST APPEAL NO. 916 OF 2018
ALI 11:18:13 +0530
WITH
CIVIL APPLICATION NO. 2990 OF 2018

Maratha Mitra Mandal & Ors. ….Appellants/Applicants

Versus

Sub Urban Collector (Encroachment),
Through State Of Maharashtra & Ors. .…Respondents
__________________________________________________________________

Mrs. Anjali N. Helekar for the Appellants/Applicants.
Mr. Madhuranjan Shetty a/w. Mr. Hemant Haryan for Respondent No.2.
__________________________________________________________________

CORAM : JITENDRA JAIN, J.
DATED : 17th FEBRUARY 2026

P. C. :

1. Admit. By consent of the parties, heard finally at the admission stage.

2. This Appeal is filed by original plaintiff against an order passed by
City Civil Court, Bombay in L .C. Suit No. 599 of 2011 on 30 th January,
2018, whereby, the prayer sought for not to dispossess the plaintiff without
due process of law, was rejected and the suit came to be dismissed.

3. Pending the present Appeal, the original defendant no.2-
Siddhivinayak Co-operative Housing Society have filed a suit in City Civil
Court, Mumbai Suit No. 2266 of 2025 to dispossess plaintiff in accordance
with law. The said suit is pending as to today.

4. The original plaintiff is in possession of the suit premises till today
HMK 2 20. FA-916-2018.doc

and defendant no.2 have now taken proceedings to dispossess in
accordance with law. Therefore, the present Appeal can be disposed of by
passing following order :-

i. Suit No. 2266 of 2025 filed by original defendant
no.2 be proceeded with by the City Civil Court,
Mumbai.

ii. Till the above suit is disposed of, the plaintiff/
present appellant to continue in possession of the
suit premises till the disposal of the suit.

iii. Contentions of all the parties are kept open and no
opinion is expressed by me on the merits of the case
with respect to any of the parties in the present
proceedings.

iv. Plaintiff will be entitled to raise all contentions in
the suit filed by defendant no.2 before the City Civil
Court, Mumbai including the defence raised in the
present proceedings.

v. Rights of the parties would be subject to the
outcome of Suit No. 2266 of 2025.

vi. Plaintiff not to create any third party right, title and
interest with respect to the suit property till the
disposal of the Suit No. 2266 of 2025.

vii. The Trial Court to consider expediting Suit No. 2266
of 2025.

5. Appeal is disposed of on above terms.

6. Civil Application does not survive and is disposed of.

[ JITENDRA JAIN, J. ]

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