Bombay High Court
RANI DEVI RAMESHWAR PRASAD AGRAHARIversusASTHAVINAYAK SRA CO-OP. HSG. SOC. LTD
- Decided
- Disposal
- Disposed Off
Holding
The court held that the 3 November 2025 order stands and the interim application is dismissed.
Summary
The applicant, Rani Devi, filed an interim application asserting her rights over Flat No. 423 in the Ashtavinayak (SRA) Co‑Op. Housing Society, claiming that the order dated 3 November 2025 directing the society to evict 16 illegal occupants within four weeks would adversely affect her. The court examined whether the interim relief sought could override or modify the earlier order, noting that any action must be taken in accordance with law and consider the applicant’s independent rights. It held that the earlier order remains valid and the applicant’s contentions do not warrant a stay or alteration. Consequently, the interim application was dismissed without costs, and the 3 November 2025 order was read as originally issued.
Issues considered
- Whether the interim application seeking relief from the 3 November 2025 order should be entertained
- Whether the applicant’s independent rights affect the enforcement of the eviction order
Subjects
- cooperative housing society
- illegal occupants
- possession
- interim relief
- writ petition
- civil appellate jurisdiction
- Bombay High Court
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2917 OF 2026
IN
WRIT PETITION NO. 2592 OF 2025
Rani Devi Rameshwar Prasad
Agrahari Applicant
versus
Asthavinayak (SRA) Co-Op. Hsg.
Soc. Ltd Respondent
_________________________________________________________________
Mr. S. R. Gupta, Advocate for Petitioner.
Ms. Ravleen Sarharwal a/w Ms. Dharni Divekar a/w Ms. Nishi Naval a/w
Mr. Rishabh Shah, Advocates i/by R. S. Justicia Law Chambers for
Respondent/SRA.
Mr. Onkar A. Chandurkar, Addl. GP a/w Mr. Aditya R. Deolekar, AGP, for State.
_________________________________________________________________
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 1st OCTOBER 2026
P.C.
1. This Interim Application has been filed by the Applicant who is
asserting his rights in respect of Flat No. 423, 4 th Floor of the Ashtavinayak
(SRA) Co-Op. Hsg. Soc. Ltd., “A”-Wing, Building No. 3, Near Gurunanak
Hospital, Behind Hall Mark Business Plaza, Bandra (East), Mumbai – 400
051.
2. The case of the Petitioner is that the Applicant would be adversely
affected by the order dated 3 rd November 2025 which was passed by this
Bharati
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Court on the aforesaid Writ Petition filed by the Society namely,
Ashtavinayak (SRA) Co-Op. Hsg. Soc. Ltd., which came to be disposed of
in terms of the following directions:
“Respondent Nos. 1 and 3 are directed to take action in pursuance of the
letter/report dated 13th September 2023 against the 16 illegal
occupants/tenants who are occupying the tenements in the Petitioner
Society and hand over vacant and peaceful possession of the same to the
Petitioner Society in accordance with law and as expeditiously as possible,
preferably within a period of four weeks from the date this order is made
available to the said Respondents by the Petitioner.”
3. It is clear from a reading of the aforesaid direction that, whatever action
was required to be taken, is to be taken within a period of four weeks from the date
of the said order and in accordance with law. The Petitioner is asserting
independent rights hence, if the petitioner has any other rights, the same would
necessarily be required to be taken into consideration before any action is taken
pursuant to the said order.
4. Thus, keeping open all the contentions of the Applicant as also of the
Respondent, we dispose of the Interim Application. No costs. The order dated 3 rd
November 2025 be accordingly read.
(AARTI SATHE, J.) (G.S.KULKARNI, J.)
Bharati
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