Bombay High Court
SHABBIR HUSSAIN ABDUL REHMAN SHAIKH AND ANRversusMUNAWAR HAROON KHAN AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court ordered payment of the compensation in six monthly installments, kept the attachment order in force, and stayed further execution steps pending full payment, thereby disposing the petition.
Summary
The petitioners were required to pay a compensation of Rs.27,00,000 to the respondents for occupation of premises. The High Court ordered the petitioners to discharge the amount in six equal monthly installments of Rs.4,50,000 each, with the first installment due on or before 10 September 2026 and subsequent installments on the 10th of each month. The court directed that if the petitioners fail to pay the full amount, the respondents may enforce the eviction order dated 18 December 2023 under the Maharashtra Rent Control Act. The attachment of the petitioners' bank account and immovable property, ordered on 5 February 2026, will remain in force until full payment, but the respondents are restrained from taking further steps under that order during the installment period. The writ petition was disposed of without any order as to costs.
Issues considered
- Whether the petitioners should be compelled to pay the compensation amount in installments
- Whether the attachment order should remain in force pending payment of the compensation
- Whether the respondents may execute the eviction order upon default by the petitioners
Legislation cited
Subjects
- Maharashtra Rent Control Act
- compensation
- eviction
- attachment
- installment payment
- civil procedure
- writ petition
Judgment
Sonali Mane 903-WP-3890-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3890 OF 2026
Shabbir Hussain Abdul Rehman Shaikh & Anr. … Petitioners
Versus
Munawar Haroon Khan & Anr. … Respondents
Adv. Pradeep Thorat i/b Adv. Aditi Naikare for Petitioners.
Adv. Rajas Naik for Respondents.
CORAM : ARUN R. PEDNEKER, J.
DATE : 21 AUGUST, 2026
P.C. :
1. Heard the learned counsel appearing for the parties.
2. It appears from the record that the Petitioners are required to
pay the balance amount of Rs. 27,00,000/- towards compensation
payable to the Respondents for occupation of the premises.
3. The Petitioners are granted six equal monthly installments of
Digitally
signed by
MANE
MANE SONALI Rs.4,50,000/- each to pay the balance amount of Rs.27,00,000/-.
SONALI DILIP
DILIP Date:
2026.08.24
19:07:00
+0530
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Sonali Mane 903-WP-3890-2026.docx
4. The Petitioners shall pay the first installment of Rs.4,50,000/-
to the Respondents on or before 10 September, 2026. Thereafter, the
Petitioners are directed to pay the balance 5 installments on or before
the 10th day of each succeeding month.
5. In the event the Petitioners fail to pay the balance amount of
Rs.27,00,000/- to the Respondents, the Respondents will be entitled to
execute the Order dated 18th December, 2023 passed by the Competent
Authority, Maharashtra Rent Control Act, Konkan Division, Mumbai
in Eviction Application No. 69 of 2022.
6. That till the Petitioners pay the entire balance amount of
Rs.27,00,000/- to the Respondents, the attachment of the Bank Account
and immovable property of the Petitioners as directed by the Order
dated 5 February, 2026 passed by the Competent Authority,
Maharashtra Rent Control Act, Konkan Division, Mumbai below
Exhibit-8 in Execution Application No. 165 of 2024 in Eviction
Application No. 69 of 2022 will remain in force. However, the
Respondents will not take any steps in furtherance of the Order dated
5 February, 2026 passed by the Competent Authority, Maharashtra
Rent Control Act, Konkan Division, Mumbai below Exhibit-8 in
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Sonali Mane 903-WP-3890-2026.docx
Execution Application No. 165 of 2024 in Eviction Application No. 69 of
2022.
7. The present Writ Petition will stand disposed of in the above
terms with no order as to costs.
[ARUN R. PEDNEKER, J.]
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