Bombay High Court
MADHAV VINAYAK PRANI DELETED SINCE DECD THROU. L.H.versusAKHIL DESHASTHA RIGWEDI BRAHAMAN MADHYAWARTI MANDAL AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- MADHAV JAMDAR
Holding
The High Court confirmed the Small Causes Court order, modifying the interim compensation to Rs.25,000 per month by consent of the parties.
Summary
The petitioners filed a writ petition under Article 227 of the Constitution challenging a Small Causes Court order that stayed an eviction decree and required the petitioners to pay Rs.30,000 per month as interim compensation. Both parties consented to modify the interim compensation amount to Rs.25,000 per month. The High Court, after hearing counsel, confirmed the original order but altered the compensation figure as agreed. The court also gave the petitioners until 15 February 2026 to deposit any arrears. No further modifications were ordered and the petition was disposed without costs.
Issues considered
- Whether the Small Causes Court order granting a stay to the eviction decree and fixing interim compensation of Rs.30,000 per month is valid and legal.
- Whether the interim compensation amount can be modified by consent of the parties.
- Whether the High Court has jurisdiction under Article 227 to entertain the writ petition.
Subjects
- Article 227
- writ petition
- stay order
- eviction
- interim compensation
- Small Causes Court
- consent modification
Judgment
955-WP-132-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.132 OF 2026
SONALI Madhav Vinayak Prani
MILIND since deceased through legal heirs
PATIL Mangal Madhav Prani & Ors. …Petitioners
Digitally signed by Versus
SONALI MILIND
PATIL Akhil Deshastha Rigwedi Brahman Madhyawarti
Date: 2026.01.08 Mandal, Mumbai & Ors. …Respondents
18:18:51 +0530
Mandar Bangale a/w. Ms. Zahra Boty i/b. Bangale and Associates,
for the Petitioners.
Mr. R. M. Haridas i/b. Mr. Nikhil M. Pujari, for the Respondents.
CORAM: MADHAV J. JAMDAR, J.
DATED : 8th JANUARY 2026
PC:-
1. Heard Mr. Bangale, learned Counsel appearing for the
Petitioners and Mr. Haridas, learned Counsel appearing for the
Respondents.
2. By the present Writ Petition filed under Article 227 of the
Constitution of the India, the challenge is to the legality and
validity of the order dated 5th December 2025 passed by the
learned Appellate Bench of the Small Causes Court, Mumbai below
Exhibit 12 in Appeal No.131 of 2024 in R.A.E. Suit No.1 of 2015.
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955-WP-132-2026.DOC
By the impugned order the learned Appellate Court has granted
stay to the eviction decree on the condition that Appellants shall
deposit Rs.30,000/- per month as interim compensation.
3. After arguing the matter for considerable time, both the
learned Counsel submit that by consent, the impugned order dated
5th December 2025 be modified by directing that instead of interim
compensation of Rs.30,000/- per month, the interim compensation
will be Rs.25,000/- per month. Accordingly, the following order is
passed by consent of the parties:
ORDER
(a) The impugned order dated 5th December 2025 passed
by the learned Appellate Bench of the Small Causes
Court, Mumbai below Exhibit 12 in Appeal No.131 of
2024 in R.A.E. Suit No.1 of 2015 is confirmed, subject
to modification that instead of interim compensation
of Rs.30,000/- per month, by consent interim
compensation is fixed at the rate of Rs.25,000/- per
month.
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955-WP-132-2026.DOC
(b) No further modification is required in the impugned
order.
(c) The Petitioners are granted time till 15th February
2026 to deposit the arrears.
4. Accordingly, the Writ Petition is disposed of in above terms
with no order as to costs.
[MADHAV J. JAMDAR, J.]
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