MOSHIN SALIM CHUNAWALAversusSTATE OF MAHARASHTRA AND ORS

                                                                                              506-IA-7561-2026.DOC



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.7561 OF 2026
                                                             IN
                                                FIRST APPEAL NO.1348 OF 2026

                       Moshin Salim Chunawala                                                    Applicant

                              Versus
                       State Of Maharashtra & Ors                                               Respondents

                                                           _______
                       Adv. Ernest Tuscano for the Applicant.
                       Ms. Rashmi S. Tendulkar for the Respondent-State.
          Digitally


PRIYANKA
          signed by
          PRIYANKA
          MADHAVRAO
                                                              _______
MADHAVRAO KALE
KALE      Date:
          2026.09.24
          19:24:51
          +0530

                                                   CORAM:           AARTI SATHE, J.

                                                   DATE:            24th SEPTEMBER 2026.
                       P.C.

                       1.         This Interim Application has been filed praying for following reliefs:

                                  (a)stay the effect, operation, execution and implementation of the

                                  impugned Judgemnt and Decree dated 1 September 2026 passed

                                  by the Hon’ble City Civil Court, Borivali Division at Dindoshi,

                                  Goregaon, Mumbai in Short Cause Suit No.458 of 2018,

                                  pending the hearing and final disposal of the present First

                                  Appeal;

                                  (b)       continue the interim relief granted by this Hon’ble

                                  Court by its order dated 17 January 2026 passed in Appeal from

                                  Order No.547 of 2025 alongwith Interim Application No.12539

                                  of    2025,   restraining   the      Respondents,   their   servants,



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           subordinates, officers and agents from taking any coercive action

           and/or coercive steps against the Applicant for recovery of the

           amount purportedly due undr the Demand Notice dated

           22.11.2016 issued under Section 174 of the Maharashtra Land

           Revenue Code, 1966, which interim relief has been continued by

           the learned Trial Court for a period of four weeks from the date

           of passing of the impugned Judgment, pending the hearing and

           final disposal of the present First Appeal;

           (c)pending the heairng and final disposal of the present Interim

           Application, grant ad-interim relief in terms of prayer clauses (a)

           and (b) above;

           (d)       provide for the costs of the present Interim Application;

           and

           (e)       pass such further and other order(s) and/or direction(s)

           this Hon’ble Court may deem fit, just and proper in the facts and

           circumstances of the case and in the interest of justice.

2.         The First Appeal has been filed against the impugned Judgment and

Decree dated 1st September 2026 passed by the Hon'ble City Civil Court, Borivali

Division at Dindoshi (hereinafter referred to as ‘the Trial Court’) in Short Cause

Suit No.458 of 2018.

3.         In the Appeal from Order No.547 of 2025 challenging the Order

passed on 29th March 2025 in Notice of Motion No.688 of 2018 in the said Suit,

it was directed that the Appellant deposit 25% of the disputed amount in the bill



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dated 26th June 2015 and original demand Notice 22nd November 2016 or

furnish security of an equivalent value before the Trial Court within a period of 4

weeks from the date of the said Order.

4.         It is submitted on behalf of the learned counsel for the

Applicant/Appellant that the said direction has been complied with and the 25%

disputed amount has been deposited in the Trial Court. He has placed on record a

receipt and demand draft evidencing payment of the same which is taken on record

and marked 'X' for identification.

5.         Considering the issues involved in the First Appeal No.1348 of 2026,

the same are triable issues and also considering that the Applicant/Appellant had

deposited 25% of the amount as directed, this Court is of the view that the stay to

the effect, operation, execution and implementation of the impugned Judgment

and Decree dated 1st September 2026, be granted.

4.         Interim Application is allowed in terms of prayer clause (c) and is

accordingly disposed of. No costs.



                                                     (AARTI SATHE, J.)




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