Bombay High Court

DIVYAKANTH CHIMANLAL SHAHversusMANILAL FULABHAI BAROT(DECEASED) TUSHAR M. BAROT(SON) AND OTHERS

Decided: 6 October 2026
Disposal: Allowed

Holding

The court did not decide the substantive issue and merely adjourned the matter for further hearing.

Summary

The High Court noted that both lower courts had concurrently held that the electricity and telephone bills for the premises were in the name of the sub-tenant, thereby establishing a sub‑tenancy. The petitioner sought additional time to respond to the respondents' submissions. The court granted the request and adjourned the matter, listing it for further hearing on 21 October 2026. No substantive merits were decided in this order.

Issues considered

Whether a sub‑tenancy is established for the premises based on the billing arrangements

Subjects

sub‑tenancy
electricity bills
telephone bills
civil revision
interim application
adjournment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

         CIVIL REVISION APPLICATION (st) NO. 5258 OF 2023

Divyakanth Chimanlal Shah                                      .. Applicant

            Vs.
Manilal Fulabhai Barot (Deceased)
Tushar M. Barot (son) & Ors.                                .. Respondents

                              WITH
                INTERIM APPLICATION NO. 13842 OF 2023

Adv. Sneha Vani, for the Applicant.
Adv. Kunal Bhanage a/w Adv. Akshay Pawar a/w Adv. Vasim Siddiqui a/w
Adv. Faiz Ali Khan, for Respondents.

                                  CORAM : ARUN R. PEDNEKER, J.
                                  Date :  6th OCTOBER 2026
P.C. :

1.       Learned Counsel appearing for the Respondents submits that both the

Courts have concurrently held that the electricity bills and telephone bills

pertaining to the premises are in the name of the sub-tenant, and that the

Society is the sub-tenant. Thus, the sub-tenancy stands concurrently

established, before the Courts below.

3.       Learned counsel appearing for the Petitioner seeks some time to

respond to the submissions.

4.       List the matter on 21st October 2026.

                                                 (ARUN R. PEDNEKER, J.)

                                       1/1
4.CRA(ST).5258.2023.doc                                      Sufiyan Syed - PA

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