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Bombay High Court

MAHESH VISHANDAS CHANDWANI AND ANRversusPRESTIGE MULUND REALTY PRIVATE LIMITED AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed as the order does not raise a substantial question of law and the statutory appeal under Section 100 CPC is the exclusive remedy.

Summary

The petitioners challenged an interim order dated 8 May 2026 passed by the Maharashtra Real Estate Appellate Tribunal, alleging that the order could be questioned via a writ petition. The court noted that the petitioners have a statutory remedy of appeal under Section 100 of the Code of Civil Procedure, 1908, which is the exclusive avenue for challenging such orders. It held that a writ petition is maintainable only if the order raises a substantial question of law, which was not shown in this case. The court emphasized that allowing writs in place of statutory appeals would defeat the purpose of the Real Estate (Regulation and Development) Act, 2016. Consequently, the writ petition was dismissed, with liberty granted to the petitioners to file an appeal under the statutory regime if they wish.

Issues considered

  • Whether a writ petition is maintainable against an interim order of the Maharashtra Real Estate Appellate Tribunal when a statutory appeal under Section 100 of the CPC is available.
  • Whether the impugned order raises a substantial question of law sufficient to justify the exercise of writ jurisdiction.

Legislation cited

Subjects

  • writ petition
  • interim order
  • appellate tribunal
  • RERA 2016
  • Section 100 CPC
  • substantial question of law
  • statutory appeal

Judgment

                                                           38 wp 11207 of 2026.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO.11207 OF 2026

Mahesh Vishandas Chandwani and Anr.               ...   Petitioners
      versus
Prestige Mulund Realty Pvt. Ltd. and Ors.         …     Respondents

Mr. Sachin Mandlik with Ms. Yogi Joshi i/by Mandlik and Partners, for
Petitioners.

                   CORAM:      N.J.JAMADAR, J.

                   DATE :      5 OCTOBER 2026

P.C.

1.     Heard the learned Counsel for the Petitioners.

2.     The challenge in this Petition is to an interim order dated 8 May 2026

passed by the Maharashtra Real Estate Appellate Tribunal.

3.     The Petitioners have an efficacious statutory remedy of appeal against

the said order passed by the Maharashtra Real Estate Appellate Tribunal,

subject to the regime of Section 100 of the Code of Civil Procedure, 1908.

4.     Learned Counsel for the Petitioners submits that since the Petition

arises out of an interim order and may not raise a substantial question of law,

the remedy by way of writ petition can be legitimately invoked.

5.     The submission does not merit countenance.         The Parliament has

designedly put restrictions on the assailability of the orders passed by the

Real Estate Appellate Tribunal; final or interlocutory, by conferring appellate



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                                                                                     38 wp 11207 of 2026.doc

                       jurisdiction at par with Section 100 of the code, 1908.     If the challenge to an

                       order does not raise a substantial question of law, the matter must rest. It can

                       neither be agitated in appeal nor in a writ petition.

                       6.       Entertaining the writ petition against an order passed by the Appellate

                       Tribunal, despite the availabiity of statutory remedy of appeal, except in cases

                       where the writ is filed under the well recognized exceptions carved out by

                       judicial precedents, and reiterated in Whirlpool Corporation V/s. Registrar

                       of Trade Marks, Mumbai and Ors.,1 would open the floodgates and defeat

                       the object of RERA 2016.

                       7.       Thus, the Writ Petition stands disposed with liberty to the Petitioners to

                       file an appeal against the impugned order, if desired.




                                                                            ( N.J.JAMADAR, J. )




          Digitally
          signed by
          SWAROOP
SWAROOP   SHARAD
SHARAD    PHADKE
PHADKE    Date:
          2026.10.07
          19:58:01
          +0530




                       1    1998(8) SCC 1

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