Bombay High Court
SHRI. AMRUTLAL KARSONBHAI RATHODversusSMT. RASILA BHAGWANJI RATHOD AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The petition is rendered infructuous and is disposed because the main suit is stayed and no interim relief can be granted.
Summary
Shri Amrutlal Karsonbhai Rathod filed Writ Petition No. 644 of 2017 seeking interim relief in a dispute involving Regular Civil Suit No. 651 of 2010 and Special Civil Suit No. 516 of 2019. The Court observed that the regular suit is stayed because the counter‑claim filed by the petitioner in the special suit was rejected, rendering the writ petition infructuous. The petitioner’s counsel highlighted a written statement by Defendant No. 2 denying any intention to create third‑party rights, arguing that an injunction could be sought. However, the Court held that since the principal suit is stayed, no further interim relief can be granted in the writ petition. Consequently, the petition was disposed without any order on the merits, leaving the parties to pursue relief in the appropriate appeal.
Issues considered
- Whether a writ petition seeking interim relief can be entertained when the main civil suit is stayed due to rejection of a counter‑claim.
- Whether an injunction can be granted against a defendant to prevent creation of third‑party rights in the suit property while the suit is stayed.
Subjects
- writ petition
- stay of suit
- injunction
- third party rights
- civil procedure
- counter claim
- special civil suit
Judgment
2026:BHC-AS:40544
Renuka Thakur 37-WP-644-2017.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 644 OF 2017
Shri. Amrutlal Karsonbhai Rathod ...Petitioner
V/s.
Smt. Rasila Bhagwanji Rathod and Ors. ...Respondents
________________
Mr. Tejas D. Deshmukh with Mr. Krishna N. Aghav for Petitioner.
Mr. Vinayak Pandit with Ms. Teena Kapur i/b Mr. Ajinkya Udane for
Petitioner.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 5 OCTOBER 2026.
P.C.:
1) The Petition is rendered infructuous on account of the fact
that the proceedings in Regular Civil Suit No. 651 of 2010 are stayed on
account of rejection of counter claim filed by the Petitioner in Special
Civil Suit No. 516 of 2019.
2) Mr. Deshmukh the learned counsel appearing for the
Petitioner invites attention of this Court to the written statement filed
by Defendant No. 2 declaring that he was not intending to create third
party rights in the suit property. Petitioner can rely upon the said
statement made in the written statement for the purpose of claiming
injunction against Defendant No. 2 from creating third party rights in
Page No.1 of 2
5 OCTOBER 2026
Renuka Thakur 37-WP-644-2017.docx
the suit property by filing appropriate application before the appellate
Court. Since the suit itself is stayed, there is no question of grant of any
further interim relief in the suit. On the other hand Plaintiff needs to
apply for stay in appeal preferred by him challenging the decree of the
Trial Court rejecting the counter claim filed in Special Civil Suit No. 516
of 2019. Leaving open all the issues on merits.
3) The Petition is accordingly disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 5 OCTOBER 2026
Date: 06/10/2026 18:18:56
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