Bombay High Court

CUTCHI MEMON TENETMENT BOARDversusNAHID SHOEB SETH AND ORS

Decided: 28 August 2026
Disposal: Disposed Off

Holding

An order under Order 39 Rule 4 of the CPC is appealable under Order 43 Rule 1(r).

Summary

The Cutchi Memon Tenement Board filed a writ petition challenging an order dated 25 August 2026 passed under Order 39 Rule 4 of the Code of Civil Procedure, 1908. The petition questioned whether that order was appealable under Order 43 Rule 1(r) of the same Code. The Court examined the statutory provisions and held that the order is indeed appealable. Consequently, the petition was disposed of, but the Court granted the petitioner liberty to prefer an appeal against the impugned order. No substantive factual dispute beyond the procedural issue was addressed.

Issues considered

Whether an order passed under Order 39 Rule 4 of the CPC is appealable under Order 43 Rule 1(r).

Legislation cited

Code of Civil Procedure, 1908 — s. Order 39 Rule 4, Order 43 Rule 1(r)

Subjects

appealability
Civil Procedure Code
Order 39
Order 43
writ petition
procedural law

Judgment

Digitally signed
SWAROOP by SWAROOP
SHARAD
SHARAD PHADKE
PHADKE Date: 2026.08.29
15:06:15 +0530
14 wp 11232 of 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11232 OF 2026

Cutchi Memon Tenement Board ... Petitioner
versus
Nahid Shoeb Seth and Ors. … Respondents

Ms. Ayesha Maldar with Ms. Vibha Mishra, Mr. Asif Husain Sayyed, for
Petitioner.
Mr. B.K.Barve for Respondent No.1.
Mr. Mayur Khandeparkar with Mr. Amogh Singh, Mr. Arun Panikar, Mr. Sahil
Saiyed, Mr. Sumesh Pathak, for Respondent No.2.
Mr. Santosh Mali, for BMC.

CORAM: N.J.JAMADAR, J.

DATE : 28 AUGUST 2026

P.C.

1. Heard the learned Counsel for the parties.

2. The challenge in this Petition is to an order dated 25 August 2026

passed under Order 39 Rule 4 of the Code of Civil Procedure, 1908. The said

order is appealable under the provisions of Order 43 Rule 1(r) of the Code.

3. The Writ Petition stands disposed with liberty to prefer an appeal

against the impugned order.

( N.J.JAMADAR, J. )

SSP 1/1

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