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Bombay High Court

MRS. KALPANA PANDHARINATH PATIL THROUGH ATTORNEY MR. PANDHARINATH PATIL AND ANRversusMR. RAMA DINKAR MHATRE AND ORS

Decided
Disposal
Partly Allowed

Holding

The court set aside the District Court order and modified the injunction to continue, mandating reservation of 3,000 sq ft in the new building for respondents 17‑20.

Summary

The petition challenged a February 2016 order of the Principal District Judge, Thane, which had set aside a 2014 temporary injunction restraining the defendants from obstructing construction on the suit property. The High Court stayed that order, directing that the original injunction continue, but imposed a condition that the petitioners reserve 3,000 square feet of the new building for the benefit of respondents 17 to 20 (the sisters). The court noted that the sisters claim a 40% share in the property, while the petitioners contend the brothers have already compensated them. To balance the interests, the court ordered the petitioners to file an affidavit detailing the reserved area within four weeks and to refrain from creating any rights over that portion during the suit's pendency. The writ petition was partly allowed, the District Court order was set aside, and the suit was directed to be given priority for expeditious disposal.

Issues considered

  • Whether the District Court's order setting aside the earlier temporary injunction should be upheld.
  • Whether the temporary injunction should continue subject to a reservation of built‑up area for the sisters.
  • Whether the petitioners can be restrained from creating third‑party rights in the suit property.
  • How the share of the sisters (40%) should be protected in the new building.

Subjects

  • injunction
  • temporary injunction
  • suit property
  • reservation of built‑up area
  • co‑ownership share
  • civil appeal
  • interim relief
  • priority disposal

Judgment

2026:BHC-AS:35961

              Renuka                                            1-WP-5257-2016.docx


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 5257 OF 2016
              Mrs. Kalpana Pandharinath Patil                    ...Petitioner
              Through Attorney Mr. Pandharinath
              Patil And Anr
                               V/s.

              Mr. Rama Dinkar Mhatre And Ors                    ...Respondents
                                        ________________
              Mr. Shrishailya S. Deshmukh for Petitioner.
              Mr. Dnyaneshwar J. Deshmukh for Respondent Nos. 1 to 16.
              Mr. Rameshwar Gite for Respondent Nos. 17 to 20.
                                           ________________
                                                    CORAM: SANDEEP V. MARNE, J.
                                                     DATED: 1 SEPTEMBER 2026.


              P.C.:


              1)          The Petition challenges order dated 3 February 2016 passed
              by the Principal District Judge, Thane allowing Miscellaneous Civil
              Appeal No. 175 of 2014 and setting aside the order dated 22 August 2014
              passed by the Trial Court. By order dated 22 August 2014, the Trial Court
              had allowed Application at Exh-6 and had granted temporary injunction
              in favour of the Petitioner/Plaintiff restraining the Defendants from
              creating any obstruction in respect of the construction activity of the
              Petitioner in the suit property. The Defendants were also restrained from
              creating any third party rights in the suit property. The Appellate Court
              has withdrawn the injunction while setting aside the order passed by the

                                               Page No.1 of 3
                                            1 SEPTEMBER 2026
Renuka                                             1-WP-5257-2016.docx


Trial Court. On 3 May 2016, this Court has stayed the order of the District
Court dated 3 February 2016 subject to the condition of restraining the
Plaintiff from creating any third party interests in the suit property. The
protection granted in favour of the Petitioner by order dated 3 May 2016
continues to operate for the last 10 long years. In that view of the matter,
instead of determining correctness of the order passed by the District
Court, it would be appropriate to continue the interim protection made
in favour of the Petitioner by this Court, during pendency of the suit.


2)          By order dated 3 May 2016, there is an embargo on the
Petitioner/Plaintiff from creating third party rights in respect of the
entire suit property. Petitioners are developers and are constructing a
building on the suit property. Petitioners therefore cannot be restrained
from selling the flats in the building constructed on the suit property. It
is the case of the Petitioners that they have settled the disputes with all
the brothers and now only Respondent Nos. 17 to 20 (sisters) have
remained, who are still interested in contesting the suit. In my view,
therefore, an arrangement can be made for the purpose of securing the
share of Respondent Nos. 17 to 20 to some extent in the newly
constructed building.


3)          It is submitted on behalf of Respondent Nos. 17 to 20 that
they are four sisters against 5 brothers and that therefore sisters would
have 40% share in the suit property. Contention is disputed by the
Plaintiff, who claim that the brothers have already accepted monies on
behalf of sisters as well. This is disputed by the sisters. Considering this
position, in my view, it would be appropriate to direct the Petitioners to

                                  Page No.2 of 3
                               1 SEPTEMBER 2026
                          Renuka                                                      1-WP-5257-2016.docx


                          reserve builtup area of 3000 Sq. Ft in the new building for securing the
                          interests of Respondent Nos. 17 to 20.


                          4)                Accordingly, I proceed to pass the following order:-


                          (i)         Order passed by the District Court dated 3 February 2016 is set
                          aside.


                          (ii)        Temporary injunction granted by the Trial Court by order dated 22
                          August 2014 shall continue to operate throughout pendency of the suit
                          subject to the condition that Plaintiffs shall secure and keep reserved
                          constructed area of 3000 sq. ft in the building under construction on the
                          suit property. During pendency of the suit, the Petitioners shall not
                          create any rights in respect of such reserved portion of 3000 sq. ft.


                          (iii)       Plaintiff shall file an affidavit before the Trial Court indicating the
                          details of the area so reserved within 4 weeks.


                          5)                With the above directions, Writ Petition is partly allowed
                          and disposed of. There shall be no order as to costs.


                          6)                Considering the fact that the suit is pending since the year
                          2013, the Trial Court shall accord due priority for its expeditious
                          disposal.


                                                                                   [SANDEEP V. MARNE, J.]



Signed by: Renuka S Thakur
                                                                  Page No.3 of 3
Designation: PA To Honourable Judge                            1 SEPTEMBER 2026
Date: 02/09/2026 13:34:52


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