Bombay High Court
NAGINCHANDRA BHANJI SHAHversusJAYANTILAL BHANJI SHAH AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The eviction decree is satisfied, the payment is accepted as full and final settlement, and therefore the writ petition is infructuous and disposed of.
Summary
The petitioners sought relief in a writ petition concerning possession of suit premises, while the respondents filed a civil revision application. The parties submitted affidavits confirming that the suit premises had been vacated and that applicant No.1A had handed over the keys to the respondents. A payment order of Rs. 5,00,000 was tendered by the applicants and accepted by the respondents as full and final settlement of rent arrears, compensation, and mesne profits. The court held that the eviction decree was satisfied, possession had been peacefully transferred, and no further claims remained. Consequently, the interim application was allowed, the civil revision application was disposed of, and the writ petition was declared infructuous and dismissed.
Issues considered
- Whether the eviction decree has been satisfied by the handover of possession.
- Whether the payment of Rs. 5,00,000 constitutes a full and final settlement of all claims, including mesne profits.
- Whether any relief remains to be granted in the writ petition after satisfaction of the eviction decree.
Subjects
- eviction decree
- possession
- civil revision
- full and final settlement
- writ petition
- interim application
- mesne profits
- rent arrears
Judgment
1-WP-3993-2002.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3993 OF 2002
Jayantilal Bhanji Shah … Petitioners
and Others
vs.
Shri Jaswantlal Manilal … Respondents
Shah and Others
WITH
INTERIM APPLICATION NO. 6368 OF 2026
IN
WRIT PETITION NO. 3993 OF 2002
Naginchandra Bhanji Shah and Others … Applicants
In the matter between
Jayantilal Bhanji Shah … Petitioners
and Others
vs.
Shri Jaswantlal Manilal … Respondents
Shah and Others
WITH
CIVIL REVISION APPLICATION NO. 349 OF 2007
Shri Jaswantlal Manilal … Applicant
Shah and Others
vs.
Jayantilal Bhanji Shah … Respondents
and Others
WITH
INTERIM APPLICATION (ST) NO. 25346 OF 2026
Digitally signed
by
IN
RAJESHWARI RAJESHWARI
RAMESH
RAMESH
PILLAI
CIVIL REVISION APPLICATION NO. 349 OF 2007
PILLAI Date:
2026.09.09
11:01:43 +0530
1/5
1-WP-3993-2002.docx
Nikhil J. Shah … Applicant
In the matter between
Shri Jaswantlal Manilal … Applicant
Shah and Others
vs.
Jayantilal Bhanji Shah … Respondents
and Others
Mr.Joel D’souza i/b.Mr. Yatin N.Shah for the Petitioners in
WP/3993/2002 and for the Respondents in CRA/349/2007.
Mr. Kaustubh Thipsay for the Applicant Nos. 1, 3 and 4.
Mr. Nikhil Shah – Applicant No.1A present in CRA.
Mr. Rishi Nilesh Shah – Grandson – Respondent No. 4.
CORAM : GAURI GODSE, J.
DATE : 8th SEPTEMBER 2026
ORDER :
Civil Revision Application No.349 of 2007
1. Pursuant to order dated 31 st August 2026 necessary
affidavit-cum-undertakings are tendered and the same are
taken on record. Separate affidavit-cum-undertakings of
respondent nos. 1A, 1C, applicant no. 3 and applicant no. 4
is tendered. Applicant no. 2 has expired and Interim
Application (St) No. 25346 of 2026 is filed to bring on record
2/5
1-WP-3993-2002.docx
his heirs and legal representative as respondents in the civil
revision application.
2. Learned counsel for the applicants submits that the
heirs were not willing to prosecute the civil revision
application. Hence, they were proposed to be added as
respondents. However, he has tendered a separate affidavit-
cum-undertaking of the heirs and legal representatives of
deceased applicant no. 2 who are mentioned as proposed
respondents in the interim application. He submits that he
has identified the signatures of the said respondents. The
affidavit-cum-undertakings of Ms. Amish Kirti Shah and
Krutika Bimal Shah is also taken on record. The applicants
and the proposed respondents have confirmed that the suit
premises is vacated and only applicant no. 1A was in
possession.
3. Learned counsel for the applicants submits that
applicant no.1A – Nikhil Shah is present in court and he has
vacated the suit premises and has handed over the keys of
the same to the learned advocate for the respondents in the
court. Learned counsel for the respondents confirmed receipt
of the keys.
3/5
1-WP-3993-2002.docx
4. In view of the affidavit-cum-undertakings taken on
record and handing over of the keys, it is confirmed by the
parties that the vacant and peaceful possession of the suit
premises is handed over to the respondents by accepting the
keys. Mr. Rishi Nilesh Shah who is present in the court, has
accepted the keys on behalf of the respondents.
5. The applicants have also handed over the pay order of
Rs. 5,00,000/- in the name of respondent no.1 in the civil
revision application towards full and final payments towards
arrears of rent, compensation and mesne profits, if any. Pay
order is accepted by Rishi Nilesh Shah on behalf of the
respondents.
6. Learned counsel for the respondents on instructions of
the respondents confirm that the said amount is accepted as
full and final settlement of all the claims including mesne
profits and there are no claims pending against the
applicants in respect of the suit premises.
7. In view of the aforesaid Interim Application (St) No.
25346 of 2026 is allowed in terms of prayer clauses (a), (b)
and (d). Amendment to be carried out within two weeks.
4/5
1-WP-3993-2002.docx
8. In view of the handing over of possession and the
affidavit-cum-undertakings, as recorded in above
paragraphs, the civil revision application is disposed of in the
aforesaid terms.
9. Considering the eviction decree stands satisfied, as
recorded above, nothing survives in the writ petition. Hence,
writ petition and pending interim applications are disposed of
as infructuous.
[GAURI GODSE, J.]
5/5
Checking your session…