Bombay High Court

SAMSUZJAMA MOHAMMED KHALIL CHAUDHARYversusTHE CHIEF EXECUTIVE OFFICER BADLAPUR NAGAR PARISHAD AND ORS

Decided: 6 February 2026
Disposal: Disposed Off
Bench: RAVINDRA V GHUGE ABHAY MANTRI

Holding

The writ petition is not maintainable and is dismissed.

Summary

The petitioner, Samsuzjama Mohammed Khalil Chaudhary, filed a regular civil suit and an application for injunction to prevent demolition of his property, and subsequently filed a writ petition in the Bombay High Court seeking an early decision and a protective order. The High Court noted that the matter was already pending before the Civil Judge (Junior Division) in Ambernath, where the written statement of the defendants was to be filed and the injunction application was under consideration. The Court found no justification to entertain the writ petition, emphasizing that the appropriate remedy lay with the trial court. Consequently, the writ petition was dismissed and the petition was disposed of. The Court, however, granted the petitioner liberty to request an early decision on the injunction application before the trial court.

Issues considered

What is the maintainability of a writ petition when the substantive matter is pending before a trial court?
Whether the High Court can intervene to expedite an injunction application pending in a lower court.

Subjects

writ petition
civil suit
injunction
demolition
jurisdiction
high court
disposal

Judgment

                                                          907-WP-17848-2025.odt




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO.17848 OF 2025

Samsuzjama Mohammed Khalil Chaudhary                  ….Petitioner
            Versus
The Chief Executive Officer
Badlapur Nagar Parishad & Ors.                        ….Respondents

                             ----
Mr. Avinash D.Kango, Advocate for the Petitioner.
                             ----
                               CORAM : RAVINDRA V. GHUGE &
                                       ABHAY J. MANTRI, JJ.
                               DATE : 6th FEBRUARY, 2026

P.C. :-

1.               The Petitioner has already approached the trial Court by

preferring Regular Civil Suit No.270 of 2023 (new Regular Civil

Suit No.1765 of 2025), now pending before the learned Civil Judge

(Junior Division), Ambernath, District Thane. The matter is posted

today before the trial Court for the filing of the Written Statement by

the Defendants. Application (Exhibit 5), seeking an injunction

against the proposed demolition, is also pending. The Petitioner

desires that the Application should be decided early, and that some

protective order be passed.




Kartikeya                            1 of 2
                                                         907-WP-17848-2025.odt




2.            In view of the above, we have no reason to entertain

this Writ Petition in the High Court. The Writ Petition is, therefore,

disposed off.


3.          Liberty to the Petitioner to request the learned Trial Court

for an early decision on the Exhibit 5 Application.




(ABHAY J. MANTRI, J.)                   (RAVINDRA V. GHUGE, J.)




Kartikeya                          2 of 2

Continue reading with your account

Checking your session…