Bombay High Court
SUNITA SATISH PANDITAversusSATISH MAHESHWARNATH PANDITA
- Decided
- Disposal
- Disposed Off
Holding
The respondent shall not evict the petitioner from the flat and must continue to pay the EMI.
Summary
Sunita Satish Pandita filed a writ petition seeking a direction that she not be evicted from a flat in Thane and that the respondent pay the EMI for the flat. The petitioner’s counsel requested leave to withdraw the petition. The court allowed the withdrawal, dismissed the petition, and disposed of any pending applications. Despite the withdrawal, the court issued an order directing the respondent not to evict the petitioner and to continue paying the EMI, and to refrain from creating any third‑party rights over the flat. The order effectively preserves the petitioner’s occupancy and financial obligations pending further resolution.
Issues considered
- Whether the petitioner can be evicted from the flat without due procedure
- Whether the respondent is obligated to pay the EMI for the flat
- Whether the court can issue protective orders upon withdrawal of a petition
Subjects
- eviction
- tenancy
- mortgage
- writ petition
- civil appellate jurisdiction
- withdrawal of petition
Judgment
7-WP-11361-2025 (C).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11361 OF 2025
Sunita Satish Pandita ...Petitioner
VERSUS
Satish Maheshwarnath Pandita ...Respondent
Digitally signed
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.09.29
KILAJE 16:05:38
+0530 _________________________________________________________________
Mr. Aneesh Deshpande a/w Mr. Shailendra Gaikwad, Advocate for
Petitioner.
None for Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner, on instructions seeks leave to
withdraw this Petition.
3. Learned counsel for the petitioner submitted that the petitioner
is staying in flat at Thane. The direction be given to the petitioner not to
evict the petitioner from staying in the said flat and pay EMI regularly.
4. Considering the submission of learned counsel for the
petitioner, petition is allowed to be withdrawn.
5. Dismissed and disposed of.
6. All pending applications, if any, also disposed of.
7. The respondent shall not evict the petitioner from the flat in
Page 1 of 2
7-WP-11361-2025 (C).doc
S.S.Kilaje
which she staying without proper procedure and respondent shall pay EMI
of the said flat. The respondent shall not create third party right in the flat
where petitioner and daughter stays.
(SHIVKUMAR DIGE, J.)
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