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Bombay High Court

HIGHNESS MAHARAJA SIR JIVAJIRAO SCINDIA CHARITABLE TRUST THROU. POA KANJULLY BHASKARANversusSHIVKRUPA SAHAKARI PATPEDHI LTD MUMBAI AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that no issue remained for adjudication and therefore disposed of the writ petitions.

Summary

The petitioners, including Abhay Harmohan Chopra and the Highness Maharaja Sir Jivajirao Scindia Charitable Trust, sought relief against Shivkrupa Sahakari Patpedhi Ltd. and others, claiming landlord rights over certain premises. The respondents, a credit society, argued that the premises were tenanted and that earlier magistrate orders (12 August 2026 and 20 August 2026) barred any physical possession by the petitioners. The petitioners also undertook to deposit Rs.1,50,000 twice, within 15 days and one month respectively, as directed by the court. The bench examined whether any issue remained for adjudication after the magistrate’s orders and the settlement of the deposit undertaking. Finding that the earlier orders already settled the possession question and that the deposit undertaking satisfied the monetary claim, the court concluded that nothing further survived for determination. Consequently, the writ petitions were dismissed and the matters disposed of.

Issues considered

  • What is the effect of the earlier magistrate orders on the petitioners' claim to physical possession of the premises?
  • Whether the court can compel the petitioners to deposit the stipulated amounts to the credit society.
  • Whether any substantive relief remains for adjudication in the writ petitions.

Subjects

  • landlord-tenant dispute
  • possession
  • credit society
  • writ petition
  • deposit undertaking
  • disposal

Judgment

2026:BHC-AS:39248

              Megha                                               905, 906 & 7_wp_12688_26


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO.12688 OF 2026

              Abhay Harmohan Chopra                              ...Petitioner

                               V/s.

              Shivkrupa Sahakari Patpedhi Ltd. and
              Ors.                                              ...Respondents
                                                WITH
                                WRIT PETITION NO.12524 OF 2026

              Arjun Harmohan Chopra                              ...Petitioner

                               V/s.

              Shivkrupa Sahakari Patpedhi Ltd. and
              Ors.                                      ...Respondents
                                             WITH
                               WRIT PETITION NO.12703 OF 2026

              Highness Maharaja Sir Jivajirao Scindia
              Charitable Trust                                   ...Petitioner

                               V/s.

              Shivkrupa Sahakari Patpedhi Ltd. and
              Ors.                                              ...Respondents
                                           ________________
              Mr. Ganesh Bhat for the Petitioner in WP/12703/2026 and for
              Respondent No.6 in WP/12524/2026 and WP/12688/2026.
              Mr. Prashant Sarwankar with Mr. Pankaj Gaikwad i/b. M/s. Sarwankar &
              Co. for Respondent No.2 in WP/12703/2026 and for Petitioners in
              WP/12524/2026 and WP/12688/2026
              Mr. Kirit Hakani with Ms. Niyati Mankad and Ms. Meetali for Respondent
              No.1 in WP/12703/2026, WP/12524/2026 and WP/12688/2026 .

                                              Page No.1 of 3
                                            24 September 2026
Megha                                               905, 906 & 7_wp_12688_26


Mr. A.I. Patel, Addl. GP with Mr. P.V. Nelson-Rajan, AGP for Respondent-
State in WP/12703/2026.
Mr. Piyush Pandey, ‘B’ Panel counsel for Respondent -State in
WP/12524/2026 and WP/12688/2026.
                             ________________


                                       CORAM: SANDEEP V. MARNE, J.

                                        DATED: 24 SEPTEMBER 2026.


P.C.:


1)      Mr. Sarvankar, the learned counsel appearing for the Petitioner in
Writ Petition Nos.12524 of 2026 and 12688 of 2026, on instructions
makes a statement that the Petitioner shall deposit an amount of
Rs.1,50,000/- with the Respondent-Credit Society within 15 days and a
further amount of Rs.1,50,000/- within one month. Statement is
accepted as an undertaking given tot he Court.


2)      It has transpired that the premises in respect of which orders
dated 12 August 2026 and 20 August 2026 are passed are the tenanted
premises in respect of which Petitioner in Writ Petition No.13703 of
2026 claims to be the landlord. In that view of the matter, Mr. Hakani,
the learned counsel appearing for the Credit Society fairly submits that
physical possession of the premises shall not be taken in pursuance of
the order passed by the learned Magistrate on 12 August 2026 and 20
August 2026. He further submits that in the event borrowers and the
guarantors fail to repay the balance amount to the Credit Society,
alternate means for recovery of the amount shall be adopted.

                                 Page No.2 of 3
                               24 September 2026
                          Megha                                                      905, 906 & 7_wp_12688_26




                          3)          In view of the above position, nothing survives to be adjudicated
                          in the present Petitions and the same are disposed of.




                                                                                 [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.3 of 3
Designation: PA To Honourable Judge                          24 September 2026
Date: 28/09/2026 11:04:02


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