Bombay High Court

RAMSUKH LOCHAN GUPTA THRU CONSTITUTED ATTORNEYversusTHE STATE OF MAHARASHTRA THRU G P AND ORS

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The Court disposed of the writ petition, directing the Appellate Court to decide the pending appeal within six months, prohibiting creation of third‑party rights during that period, and ordering compensation to the landlord if the appellant loses.

Summary

Ramsukh Lochan Gupta filed a writ petition and an interim application seeking restoration of premises while a separate appeal was pending before the Appellate Court. The petitioner requested that the pending appeal be decided within three months and that his restoration application be considered. The High Court directed the Appellate Court to decide the pending appeal within six months and ordered that no third‑party rights be created over the suit property during that period. It further directed that if the appellant loses the appeal, compensation for the six‑month period must be paid to the landlord. Both the writ petition and the interim application were disposed of, leaving all parties' contentions open for future determination.

Issues considered

Whether the High Court can direct the Appellate Court to decide a pending appeal within a specified time‑frame.
Whether an application for restoration of premises can be entertained pending the outcome of the appeal.
Whether third‑party rights may be created over the suit property during the interim period.
Whether compensation is payable to the landlord if the appellant fails in the appeal.

Subjects

Writ petition
Restoration of premises
Appellate court timeline
Third party rights
Compensation
Civil appellate jurisdiction
Interim application

Judgment

                                                 39-WP-10310-2026.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO.10310 OF 2026
                                WITH
              INTERIM APPLICATION NO.6507 OF 2026


Ramsukh Lochan Gupta Thru. Constituted              …Petitioner/
Attorney                                            Applicant
  Versus
The State of Maharashtra Thru. G P And Ors          …Respondents


Adv. Ratna Jaiswal a/w Kanthawala, for the Petitioner/Applicant.
Adv. Tushar V. Bahibawkar i/b M/s. Dahibawkar & Co., for the
Respondent Nos.2, 3 & 5.
Adv. V. R. Raje, AGP, for the Respondent-State.


                      CORAM:       ARUN R. PEDNEKER, J.
                      DATED :      28th August 2026
PC:-


1.      Heard learned Counsel appearing for the Petitioner.


2.      Learned counsel fairly submits that the appeal is pending

and the pending appeal itself be decided within three months and

that his application for restoration of premises be also considered

by the Appellate Court.




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                                                    39-WP-10310-2026.DOC




3.      Considering the above, the Writ Petition is disposed of with a

direction to the Appellate Court to decide the pending proceedings

within a period of six months.


4.      If an application for restoration of premises is filed, the

Court shall consider the same in accordance with law. However, for

the period of six months till the disposal, no third party rights be

created in the suit property.


5.      It is further directed that, in the event the Appellant fails in

the Appeal, the compensation for the period of six months, when

the landlord has been injuncted from creating third party rights

will also have to be paid by the Appellant to the landlords.


6.      In view of the disposal of the Writ Petition nothing survives

in the Interim Application. The same is also disposed of.


7.      All contentions of the parties are expressly left open.




                                             [ARUN R. PEDNEKER, J.]




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