Bombay High Court

SULTAN AHMAD HAJI AHMED BUX QURESHIversusMR. HASAN KAZIM KAZEMI AND ANR.

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The High Court declined to interfere, holding that the interim order stands and the suit must be decided on its own merits.

Summary

The petitioner, a landlord, filed a writ petition challenging a trial court order that directed the defendant to deposit rent arrears. The trial court had reviewed its own earlier order and modified the monthly rent in accordance with a judgment in a separate standard rent application, which the petitioner had not contested. The High Court noted that the suit concerning the rent dispute remained pending on grounds of default and bona‑fide requirements, and therefore the interim order should not be disturbed. It held that invoking the discretionary jurisdiction under Article 227 of the Constitution was unnecessary at this stage. The court clarified that the substantive suit must be decided on its merits without influence from the interim order. Consequently, the writ petition was disposed of without granting any relief.

Issues considered

Whether the High Court should exercise its discretionary jurisdiction under Article 227 to interfere with the trial court's interim order directing payment of rent.
Whether the modification of rent by the trial court, based on a standard rent judgment, is valid and binding pending the final decision of the suit.

Subjects

landlord‑tenant
rent arrears
interim order
Article 227
review of judgment
standard rent
High Court jurisdiction

Judgment

2026:BHC-AS:37781

                                                                   9-WP-2243-2019.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO. 2243 OF 2019
   Swapnil
               Sultan Ahmad Haji Ahmed Bux Qureshi.               …Petitioner
                    Vs.
               Hasan Kazim Kazemi and Anr.                        …Respondents


               Mr. Sanjay P. Shinde for the petitioner.
               Mr. Nishant Vyas a/w. Mr. Zain A. K. Najam-Es-Sani i/b. Mr.
               R. A. K. Najan-Es-Sani for respondent no.1.

                                        CORAM : GAURI GODSE, J.

                                        DATE :       16th SEPTEMBER 2026

               ORDER :


               1.    This writ petition is filed by the original plaintiff, i.e. the

               landlord to challenge the order passed by the trial court

               directing deposit of the amount towards the arrears of rent.

               The impugned order is passed in a review application filed by

               the defendant seeking review of the order passed by the trial

               court on an application filed by the plaintiff directing the

               defendant to deposit the amount.


               2.    By the impugned order the trial court has reviewed its

               own order and modified the amount of monthly rent as per

               the judgment passed in the standard rent application. The


                                               1/2
                                                    9-WP-2243-2019.docx


order passed in the standard rent application is not

challenged by the plaintiff. The suit is still pending on the

ground of default and bona fide requirements including other

grounds. Hence, at this stage, I do not find it necessary to

invoke the discretionary jurisdiction under Article 227 of the

Constitution of India to interfere with the impugned order. The

impugned order is an interim order directing the payment of

rent.


3.      It is, thus, clarified that the suit shall be decided on its

own merits by the trial court uninfluenced by the observations

in the impugned order.


4.      The writ petition is disposed of in the aforesaid terms.




                                             [GAURI GODSE, J.]




                                 2/2

Continue reading with your account

Checking your session…