Bombay High Court

SIDDALING (ALIAS SIDLINGAPPA) NIRWANI CHALWADIversusSTATE OF MAHARASHTRA THR ADDL COMMISSIONER , KOKAN DIVISION, MUMBAI AND ORS

Decided: 17 February 2026
Disposal: Disposed Off
Bench: MADHAV JAMDAR

Holding

The court quashed the eviction orders and disposed of the writ petition in accordance with the parties' settlement.

Summary

The petitioner, Arjun Vitthal, filed a writ petition challenging eviction orders issued under the Rent Control Act against him. During the hearing, the petitioner and Respondent No.3, Sangeetha Nirwani Chalwadi, presented a mutually agreed "Terms of Settlement/Consent Terms" and affirmed that the dispute was resolved. The court accepted the settlement as a valid undertaking and recorded it on the record. Consequently, the earlier eviction order dated 15 March 2024 and the subsequent revision order dated 9 April 2025 were quashed and set aside. The writ petition was disposed of in accordance with the settlement, with no order as to costs.

Issues considered

Whether the eviction orders issued under the Rent Control Act can be set aside in view of a settlement between the parties
Whether the court may accept a consent settlement as a basis to dispose of the writ petition

Legislation cited

Rent Control Act

Subjects

eviction
settlement
rent control
writ petition
quash order
consent decree

Judgment

                                                                               903-WP-17790-2025.doc


                                                                                       Arjun


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO.17790 OF 2025

ARJUN                 Siddaling (alias, Siddlingappa) Nirwani Chalwadi         …Petitioner
VITTHAL                     Versus
KUDHEKAR              The State of Maharashtra & Ors.                          …Respondents
Digitally signed by
ARJUN VITTHAL
KUDHEKAR
Date: 2026.02.20
                      _______________________________________________________________
22:13:04 +0530


                      Mr. Rajuram Kuleriya a/w Zaid Sultan & Chinmay Dhanavade, for the
                      Petitioner.
                      Ms. Aloka A. Nadkarni, AGP, for the Respondent-State.
                      Mr. Veerdhawal Deshmukh, for Respondent No.3.

                      _______________________________________________________________

                                                      CORAM: MADHAV J. JAMDAR, J.
                                                      DATED: 17 FEBRUARY 2026

                      P.C.:


                      1.      Mr. Kuleriya, learned Counsel appearing for the Petitioner and Mr.

                      Deshmukh, learned Counsel appearing for Respondent No.3, tender the

                      “Terms of Settlement/Consent Terms”.

                      2.      The “Terms of Settlement/Consent Terms” are signed by the

                      Petitioner - Siddaling (alias, Siddlingappa) Nirwani Chalwadi and

                      Respondent No.3 - Sangeetha Nirwani Chalwadi. The Petitioner and

                      Respondent No.3 are personally present in the Court. Both of them state

                      that the dispute between them has been settled in terms of the “Terms

                      of Settlement/Consent Terms”. The “Terms of Settlement/Consent



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Terms” are also signed by the respective Advocates of the Petitioner and

the Respondent No.3. The respective Advocates identify the signatures

of the Petitioner and Respondent No.3.

3.    Accordingly, the “Terms of Settlement/Consent Terms” are taken

on record and marked “X” for identification. A scanned copy of the

“Terms of Settlement/Consent Terms” is reproduced herein below for

ready reference :-




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4.    Various statements made in the “Terms of Settlement/Consent

Terms” by the Petitioner and Respondent No.3 are accepted as

undertakings given to this Court.



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5.    Accordingly, the Order dated 15th March 2024 passed by the

Competent Authority, Rent Control Act Court, Konkan Division, Mumbai

in Eviction Application No.206 of 2023 as well as the Order dated 9th

April 2025 passed by the Additional Divisional Commissioner, Konkan

Division, Mumbai in Revision No.666 of 2024, are quashed and set

aside and the said Eviction Application No.206 of 2023 is disposed of in

terms of the “Terms of Settlement/Consent Terms”.

6.    Accordingly, the Writ Petition is disposed of in above terms with

no order as to costs.


                                           [MADHAV J. JAMDAR, J.]




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