Bombay High Court

RATNAKAR ATMARAM DABHOLKAR AND ANR.,versusSADASHIV KESHAV DABHOLKAR

Disposal: Disposed of
Bench: VALMIKI MENEZES

Holding

The court held that the respondent must maintain the status quo and refrain from any further construction on the property until the appeal is disposed.

Summary

The applicants, Ratnakar Atmaram Dabholkar and others, sought a court order to restrain the respondent, Sadashiv Keshav Dabholkar, from further alterations to a residential house situated on Survey No. 191/1, Morjim. The respondent filed an affidavit confirming that he would not carry out any additional construction on the property and undertook to maintain the status quo until the pending appeal is decided. The court accepted this undertaking, directing the respondent to file an affidavit with photographs of the property by 20‑02‑2026 to evidence the current state of construction. The court recorded the respondent's undertaking as binding and noted that, in view of this, the applicants would not pursue further relief. Consequently, the application was disposed of on the basis of the respondent's undertaking.

Issues considered

Whether the respondent should be restrained from further construction on the suit property pending disposal of the appeal

Subjects

status quo
construction
undertaking
civil procedure
property dispute

Judgment

                                 904 MCA 90 2026

     Sonam

             IN THE HIGH COURT OF BOMBAY AT GOA
               MISC.CIVIL APPLICATION NO.90 OF 2026
                                IN
                 CIVIL APPLICATION NO.29 OF 2024
RATNAKAR ATMARAM DABHOLKAR AND
ANR.,                                                   ... APPLICANTS
  Versus
SADASHIV KESHAV DABHOLKAR                               ... RESPONDENT


Mr. Sudin Usgaonkar, Senior Advocate with Ms. Divya Parab, Advocate
for the Applicant.
Mr. D. Lawande with Mr. Chirag Angle, Advocates for the Respondent.


                     CORAM:- VALMIKI MENEZES, J.
                     DATED :- 17th February, 2026

P.C.:
1.    Registry to waive office objections and register the matter.


2.    Heard learned Advocates for the parties.


3.      The Respondent herein/original Appellant in Second Appeal No.
21/2024 has filed an affidavit in reply dated 13.01.2026. In the
affidavit in reply, more specifically at paragraph No. 8 thereof, the
Respondent has stated and clarified that he would not carry out any
further alterations to the subject residential house, on instructions,
learned Advocate Mr. Lawande, further makes a statement on behalf
of the Respondent/original Appellant that the Appellant would not
carry out any further construction in the suit property which is land

                                     Page 1 of 2
                                  17th February, 2026
                                904 MCA 90 2026


under Survey No. 191/1 of village Morjim and would maintain the
status quo regarding the further construction in the property as on
today. The statement is accepted and it is clarified that the Respondent
herein/original Appellant shall not carry out any further construction in
the property until disposal of the Appeal.


4.    The original Appellant shall place on record an affidavit with
photographs of the suit property and the status of the construction
therein, as of today; this shall be done by 20.02.2026.


5.    The undertaking as given above shall also to be recorded in the
affidavit be filed along with the photographs. The same is accepted as
an undertaking to the Court, which shall be strictly abided by the
Respondent/original Appellant. This statement is made in the presence
of the Respondents in the Appeal/Applicants herein. In view of the
undertaking now given, the learned Senior Advocate appearing for the
Applicants does not further press for any reliefs as prayed for in the
application.


6.    The application is disposed of on accepting the aforementioned
undertaking.



                                            VALMIKI MENEZES, J.



                                    Page 2 of 2
                                 17th February, 2026

Continue reading with your account

Checking your session…