Bombay High Court

ANGELA FERNANDES (DEC) THR. LRS.versusMARIA CARMELINA ALMEIDA

Disposal: Dismissed
Bench: NEELA GOKHALE

Holding

The court permitted the respondents, as legal representatives of the deceased landlord, to withdraw the rent amount deposited by the petitioner.

Summary

The landlord-respondents filed an application on 15 April 2026 seeking to withdraw rent that the tenant-petitioner had been depositing in court as per an earlier order. The court had previously directed the petitioner to deposit Rs.15,000 per month in court and allowed the sole respondent to withdraw it, and later dismissed the writ petition, ordering the petitioner to vacate the premises within four months. During the pendency of the case, the sole respondent died and her legal representatives were added to the record on 3 August 2023. The respondents applied for permission to withdraw the deposited rent in light of the respondent's death. The court held that the respondents were permitted to withdraw the amount and ordered the registry to facilitate the withdrawal. The application was disposed of accordingly.

Issues considered

Whether the legal representatives of a deceased landlord can withdraw rent deposited by the tenant in court pursuant to a prior order

Subjects

rent deposit
landlord-tenant dispute
withdrawal of funds
death of landlord
court order
writ petition

Judgment

                                  38 WP 577 2023

     Andreza

           IN THE HIGH COURT OF BOMBAY AT GOA
                   WRIT PETITION NO.577 OF 2023

ANGELA FERNANDES (DEC) THR. LRS.                      ... PETITIONERS
  Versus
MARIA CARMELINA ALMEIDA                               ... RESPONDENTS


Mr. F. E. Noronha, Advocate for the Respondents.


                    CORAM:- DR. NEELA GOKHALE, J.
                    DATED :- 20th April, 2026

P.C.


1.        This is an application dated 15.04.2026 made by the
landlord-Respondents seeking withdrawal of the rent deposited by the
Petitioner-tenant in the present Writ Petition.


2.     Vide Order dated 9th December 2021, this Court directed the
Petitioner to deposit the rent amount at the rate of Rs.15,000/- per
month on the 5th day of every month in this Court, and the sole
Respondent shall be permitted to withdraw the same.


3. The Writ Petition has been dismissed. The Petitioner was directed
to vacate the premises and hand over the peaceful and vacant
possession of the same to the Respondent within a period of four
months from the date of the Order dated 24th March 2026.


                                     Page 1 of 2
                                   20th April, 2026
                                                           38 WP 577 2023




                        4.        During the pendency of these proceedings, the sole Respondent
                        passed away, and her legal representatives were brought on record on
                        03.08.2023. In these circumstances, the Respondents have moved the
                        present application.


                        5.         The Respondents are permitted to withdraw the amount as
                        deposited by the Petitioner in this Court. The Registry is requested to
                        facilitate the same.


                        6. Application is disposed of.



                                                                   DR. NEELA GOKHALE, J.




Signed by: ANDREZA RODRIGUES
EPEREIRA
                                                              Page 2 of 2
Designation: Senior Private Secretary
to the Hon'ble Judge                                        20th April, 2026
Date: 22/04/2026 12:19:07

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