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Bombay High Court

DOMINIC/ KISAN WARWALE AND ANRversusGEETA SHASHIDHAR KARKERA (UCHIL)

Decided
Disposal
Disposed Off

Holding

The Court held that the ad‑interim relief granted on 16 February 2017 shall continue, the petitioner must not part with possession or create third‑party rights, and Respondent may withdraw the deposited amount subject to an undertaking to return it if the petition succeeds.

Summary

The petition concerns a dispute over ownership and possession of a premises where the petitioner claims original ownership, while Respondent No.1 asserts rights based on a sale agreement dated 22 June 2004. Respondent filed an eviction application under Section 24 of the Maharashtra Rent Control Act, 1999, relying on a leave‑and‑license agreement dated 17 June 2004, which predates the sale agreement. The High Court had earlier granted ad‑interim relief on 16 February 2017, conditioning it on the petitioner depositing a specified sum, which the petitioner subsequently complied with. Respondent now seeks withdrawal of the deposited amount, arguing that the leave‑and‑license agreement is invalid. The Court ordered that the earlier interim relief continue, prohibiting the petitioner from creating third‑party rights or surrendering possession, and required the petitioner to file an affidavit undertaking the same. Respondent was permitted to withdraw the amount on the condition of filing an undertaking to return it if the petition is ultimately decided in the petitioner’s favour.

Issues considered

  • Whether the leave‑and‑license agreement dated 17 June 2004 is valid and can support an eviction under Section 24 of the Maharashtra Rent Control Act, 1999.
  • Whether the ad‑interim relief granted earlier should continue pending the final decision.
  • Whether Respondent No.1 may withdraw the amount deposited by the petitioner pending the outcome of the writ petition.

Legislation cited

Subjects

  • property dispute
  • leave and license agreement
  • sale agreement
  • eviction
  • interim relief
  • rent control
  • possession
  • withdrawal of deposit

Judgment

                                                                     16-wp-629-2017-ia-7000-2024.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              varsha
                                         CIVIL APPELLATE JURISDICTION
                                        WRIT PETITION NO. 6291 OF 2017


                       Geeta Shashidhar Karkera(Uchil)                        … Petitioner
                                  vs.
                       Dominic/Kisan Warwale and Anr                          … Respondents

                                                  WITH
                                  INTERIM APPLICATION NO. 7000 OF 2024
                                                  WITH
                                  INTERIM APPLICATION NO. 6291 OF 2017
                                                   IN
                                     WRIT PETITION NO. 6291 OF 2017


                       Dominic/Kisan Warwale and Anr                          … Applicants
                       IN THE MATTER BETWEEN
                       Geeta Shashidhar Karkera(Uchil)                        … Petitioner
VARSHA
VIJAY                             vs.
RAJGURU
Digitally signed by
VARSHA VIJAY
                       Dominic/Kisan Warwale and Anr                          … Respondents
RAJGURU
Date: 2026.08.21
18:43:49 +0530



                       Mr. Anjani Kumar Singh a/w. Mr. Vatsal Verma and D.S. Mishra i/b.
                       D S Law Bureau for the Petitioner.
                       Mr. Datta Mane a/w. Ms. Radhika Samant, Ms. Pooja Bhide for the
                       Respondent.
                                                     CORAM : GAURI GODSE, J.
                                                      DATED : 21st AUGUST 2026


                       ORDER:

                       1.    Arguable points are raised. Hence Rule.


                                                   Page no. 1 of 3
                                               16-wp-629-2017-ia-7000-2024.doc



2.    Learned counsel for the respondent waives notice.

3.    This court vide order dated 16th February 2017 had granted

ad interim relief subject to the petitioner depositing 50% of the Rs.

1,40,000/- as directed by the competent authority. Thereafter, vide

order dated 21st February 2024, the petitioner was directed to

deposit a further sum of Rs. 3,10,000/- in this court. The directions

are complied with and the amount is deposited in this court.

4.    The petitioner is the original owner of the subject premises.

The respondent no.1 is claiming right in respect of the subject

premises based on the agreement for sale dated 22 nd June 2004.

The eviction application before the competent authority is filed

based on the leave and license agreement dated 17 th June 2004

which appears to be executed prior to the document of title relied

upon by the respondent. Prima facie the applicant has made out the

case of the invalidity of the leave and license agreement for

maintaining the application for eviction filed under Section 24 of the

Maharashtra Rent Control Act, 1999 (‘Rent Act’) .

5.    Hence, during the pendency of the writ petition, ad-interim

relief granted on 16th February 2017, shall continue to operate. The

petitioner shall not create any third party rights or part with the

possession of the subject premises in favour of the third party. The

                             Page no. 2 of 3
                                                 16-wp-629-2017-ia-7000-2024.doc



Petitioner shall file a fresh affidavit-cum-undertaking stating that she

will not create any third party rights or part with the possession in

respect of the subject premises, till decision of this writ petition.

INTERIM APPLICATION NO. 7000 OF 2024 AND INTERIM

APPLICATION NO. 6291 OF 2017.

6.    The interim applications are filed by the respondent no.1 for

withdrawal of the amount deposited by the petitioner in this court. In

the facts and circumstances of the case, respondent no.1 shall be

permitted to withdraw the amount subject to filing an undertaking in

this court that if the petitioner succeeds in the petition, the

withdrawn amount shall be brought back to the court if the directions

are issued by this court.

7.    Interim Applications are disposed of in the aforesaid terms.



                                                          (GAURI GODSE, J.)




                               Page no. 3 of 3


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