Bombay High Court
SHAILAJA SHAILESH SHAHversusSEEMA SHARAD HULJI
- Decided
- Disposal
- DISMISSED FOR NON-PROSECUTION/DEFAULT AT FINAL HEARING STAGE
Holding
The court refused to modify the interim order, holding that the applicant’s rights are contingent upon the outcome of the pending civil proceedings.
Summary
The High Court of Bombay heard an interim application filed by Shailaja Shah seeking modification of an earlier interim order dated 17 April 2026 that directed the developer to hand over a flat for redevelopment and to pay rental and hardship compensation to Ms. Seema Hulji, who was then in occupation. The court noted that the flat had been handed over to the developer and that Ms. Seima Hulji’s compensation was to be paid, with the corpus already settled with the respondents’ mother. The applicant argued that she was continuing civil proceedings initiated by her father against her sister‑in‑law and brother, and sought relief affecting her claimed rights in the property. The court clarified that any rights claimed by the applicant would be determined by the outcome of the pending civil suit and that the developer would be bound by that decision. Consequently, the court refused to modify the earlier order and disposed of the interim application.
Issues considered
- Whether the interim order directing vacancy of the flat and payment of compensation can be modified in view of pending civil proceedings.
- Whether the applicant’s claimed rights in the property are enforceable prior to the determination of the pending civil suit.
Subjects
- interim relief
- possession
- rental compensation
- hardship compensation
- modification of order
- pending civil suit
- family court appeal
- developer
Judgment
Digitally signed
NISHA by NISHA
SANDEEP
SANDEEP CHITNIS
CHITNIS Date: 2026.08.29
18:11:14 +0530
19-IA.3497.2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3497 OF 2026
IN
FAMILY COURT APPEAL NO.22 OF 2026
Shailaja Shailesh Shah ...Applicant
IN THE MATTER BETWEEN:-
Seema Hulji ...Appellant
Versus
Sharad Khachoji Hulji and Ors. ...Respondents
Ms. Aneesa Cheema with Ms. Aishwarya Shetty and Mr. Prashant
Parghane i/b Divekar and Co., for the Applicant.
Ms. Disha Shetty, for the Appellant
Appellant is present in-person.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 28th AUGUST 2026
P.C. :
1. Pursuant to the directions issued by this Court on 17 th
April 2026, we are informed that the possession of the subject flat has
been handed over to the Developer for re-development. In the wake
of the liberty that is granted in paragraph 6 of the said order, the
aforesaid interim application is taken out by Shailaja Shah and we are
N. S. Chitnis 1/3
19-IA.3497.2026.doc
informed that she is already continuing the civil proceedings instituted
by her father against her sister-in-law and her own brother.
2. As far as the direction issued by us by the order of 17 th
April 2026 is concerned, we clarify that the same was an interim
arrangement for the purposes of handing over of the flat and we had
noted that Ms. Seema Hulji was in occupation of the said flat and,
applying the law laid down in the case of Vipul Fatehchand Shah v/s
Nav Samir CHS1, we directed that the flat be vacated and the rental
compensation as well as hardship compensation shall be made over to
her as the possession is taken from her. We were also informed that, as
far as the corpus was concerned, the same had already been paid by the
Developer to the mother of respondent Nos.1and 2 and we directed
that the PAAA shall specifically make a mention of the same.
3. Though Interim Application No.3497 of 2026 now seeks a
relief of modification of the order, we refuse to indulge the applicant.
1 Commercial Appeal (L) No.25162 of 2023 decided on 06.10.2023.
N. S. Chitnis 2/3
19-IA.3497.2026.doc
We, however, clarify that whatever rights are claimed by the applicant
shall be subject to the outcome of the proceedings that are already
pending before the Civil Court or which will be instituted for claiming
her right in the subject property vis-a-vis the applicant who has handed
over the flat and is granted rental compensation. The Developer shall
be bound by such a decision, and at the time of handing over of the
flat, the same shall be taken into consideration.
Interim Application No.3497 of 2026 stands disposed of
accordingly.
ASHISH S. CHAVAN, J. BHARATI DANGRE, J.
N. S. Chitnis 3/3
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