Bombay High Court

MR. G. H. KHATRI DECEASED THR MARYAM GULAM HUSSAIN KHATRIversusNAVI MUMBAI SPORTS ASSOCIATION, THR. MR. GANESH NAIK AND ORS.

Decided: 9 October 2026
Disposal: Allowed

Holding

The Court allowed the interim application to deposit the rent amount, without prejudice to the landlord's rights.

Summary

The applicant filed an interim application seeking permission to deposit the rent amount in court pending the resolution of the civil revision. The Court allowed the application, granting the deposit of rent within two weeks, while expressly stating that this permission is without prejudice to the original plaintiff/landlord's rights and contentions. The order also clarified that the interim relief does not affect the substantive claims of the parties. The civil revision application, originally filed in 2018, was directed to be heard finally at the admission stage as per an order dated 23 August 2023. The matter was scheduled for final disposal on 30 October 2026.

Issues considered

What is the appropriate interim relief regarding the deposit of rent pending the final determination of the civil revision?
Does granting the interim deposit order prejudice the rights of the original plaintiff/landlord?

Subjects

interim relief
rent deposit
civil revision
procedural order
without prejudice

Judgment

                                                         17-IA-7203-2026.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                     INTERIM APPLICATION NO. 7203 OF 2026
Swapnil
                                        IN
                CIVIL REVISION APPLICATION NO. 97 OF 2018
          G. H. Khatri Deceased Thr Maryam
          Gulam Hussain Khatri.                          …Applicant
               Vs.
          Navi Mumbai Sports Association,
          Thr. Mr. Ganesh Naik and Ors.                  …Respondents


          Ms. Anita A. Agarwal for the applicant.
          Ms. Aafreen Shaikh a/w. Ms. Khushi Bangia i/b. Ms. Krupali
          H. Rajani for the respondents.

                                  CORAM : GAURI GODSE, J.

                                  DATE :      9th OCTOBER 2026

          ORDER :


          1.    This interim application is filed for depositing the rent

          amount in the court.


          2.    The interim application is allowed in terms of prayer

          clause ‘a’ and ‘b’.


          3.    It is clarified that the permission is granted without

          prejudice to the rights and contentions of the original

          plaintiff / landlord.

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                                               17-IA-7203-2026.docx


4.    The interim application is disposed of in the aforesaid

terms. The amount shall be deposited within two weeks from

today.


5.    The civil revision application is directed to be heard

finally at admission stage by order dated 23rd August 2023.


6.    List the civil revision application for final disposal on

30th October 2026, to be listed under the caption “for final

disposal”.




                                         [GAURI GODSE, J.]




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