Bombay High Court
DREAM QUEEN PREMISES HOUSING SOCIETY LTD. AND 2 OTHERSversusSAVALDAS AND SONS
- Decided
- Disposal
- DISPOSED OFF
Holding
The application to vacate the interim relief was dismissed and the matter was scheduled for final hearing on 26 October 2026.
Summary
The applicants, Dream Queen Premises Housing Society Ltd. and others, filed an interim application seeking to vacate an interim relief order dated 7 November 2017. The court noted that the relief had been in force for nearly nine years and was reluctant to set it aside after such a lapse of time. However, the court accepted the applicants' request for an expeditious final hearing of the underlying writ petition. Consequently, the court fixed the final hearing for 26 October 2026 at 3:00 p.m. and also linked the matter with Contempt Petition (L) No. 42/2018 pending in Writ Petition No. 74/2020. The application was thereafter disposed without vacating the interim relief.
Issues considered
- What is the appropriate judicial response to an application for vacating an interim relief that has been in force for several years?
- Should the court entertain a request for expeditious final hearing of the underlying writ petition?
Subjects
- interim relief
- vacating order
- final hearing
- civil procedure
- contempt petition
Judgment
13-IA5601-2026.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 5601 OF 2026
IN
WRIT PETITION NO. 2168 OF 2019
Dream Queen Premises Housing Society
Ltd. and Others ...Applicants
Versus
Savaldas And Sons And Ors. …Respondents
Mr. Nirav Shah, i/b Little & Co., for the Applicant in IA.
Mr. Sumit Kothari, a/w Shivani Samel, for the Petitioners in
WP.
Mr. Prashant Kamble, AGP for the State-Respondent No.3.
CORAM: N. J. JAMADAR, J.
DATED: 21st SEPTEMBER, 2026
SANTOSH
PC:-
SUBHASH
KULKARNI
Digitally signed by
1. Heard the learned Counsel for the applicants.
SANTOSH SUBHASH
KULKARNI
Date: 2026.09.24
17:50:13 +0530
2. This application is for vacating the interim relief granted
by this Court by an order dated 7 th November, 2017. In the
alternative, a prayer is made for fixing the petition for final
hearing and disposal. Since the interim relief was granted in
the year 2017, at this length of time, this Court is not inclined to
entertain the application to vacate the interim relief. However,
the prayer for expeditious hearing of the petition appears
justifiable.
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13-IA5601-2026.DOC
3. List the petition for hearing and final disposal on 26 th
October, 2026 at 3.00 pm. alongwith Contempt Petition(L) No.
42/2018 in Writ Petition No. 74/2020.
4. Application stands disposed.
[N. J. JAMADAR, J.]
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