Bombay High Court

MANGALA BABAJI PATKAR AND ANRversusNANCY JOE VAZ (SINCE DECD.) AND ORS

Decided: 24 August 2026
Disposal: Dismissed

Holding

The writ petition is dismissed, upholding the interim compensation of Rs.22,000 per month.

Summary

The petitioners, Mangala Babaji Patkar and another, filed a writ petition challenging the High Court's order granting interim compensation of Rs.22,000 per month while staying the execution of an eviction decree against them. The property in question is a ground‑floor premises in Girgaon, whose market rent was assessed at approximately Rs.43,905 per month based on a ready‑reckoner valuation. The court considered the valuation but deemed the awarded interim compensation appropriate and found no merit in the petitioners' request to reduce it further. Consequently, the court dismissed the writ petition. The petitioners were permitted to file an affidavit‑in‑reply in the registry.

Issues considered

What is the appropriate amount of interim compensation pending the final determination of the eviction suit?
Whether the court should reduce the interim compensation awarded by the trial court.

Subjects

eviction
interim compensation
rent valuation
stay of execution
civil appellate jurisdiction

Judgment

2026:BHC-AS:34936


            Diksha Rane                                               8 WP 10596 2026.docx



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                      WRIT PETITION NO.10596/2026
            MANGALA BABAJI PATKAR AND ANR                          ..PETITIONERS
                      VS
            NANCY JOE VAZ (SINCE DECD.) AND ORS                    ..RESPONDENTS


                 Adv. Pandurang G. Parkar a/w. Adv. Vineet P. Parkar for the
                 petitioners.

                 Adv. Raj Patel a/w. Adv. Nilanjana Nath i/b. Adv. Tulsi Shah
                 for respondent no.2.

                                                CORAM      : ARUN R. PEDNEKER, J.

                                                DATE       : 24th AUGUST, 2026.

            Per Court :
            1.             Heard learned counsel for the petitioners.

            2.             The petitioners challenge the order of grant of interim
            compensation at the appellate stage for stay of the execution of an
            eviction decree passed by the Trial Court. The suit premises is
            situated on the ground floor in Girgaon area. The valuations of the
            property are submitted by the landlords on the ready reckoner
            basis. The Court has taken the same into consideration and has
            reached conclusion that the rental would be approximately
            Rs.43,905/-         per    month.   However,     the   Court    has   granted

                                                  Page 1 of 2
                                             24th AUGUST, 2026
                      Diksha Rane                                                  8 WP 10596 2026.docx



                      compensation at the rate of Rs.22,000/- per month as interim
                      compensation.

                      3.              Considering the same, no case is made out to reduce the
                      compensation further by the Court.

                      4.              The writ petition is accordingly dismissed.

                      5.              Liberty to file an affidavit-in-reply in the Registry.

                                                                        [ ARUN R. PEDNEKER, J.]




                                                             Page 2 of 2
                                                        24th AUGUST, 2026


Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 25/08/2026 16:23:31

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