Bombay High Court

DIANA AGNELO COLACOversusMARIZA ARVIND NAGAR AND ORS

Decided: 22 June 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The writ petition is not maintainable for possession of the flat and must be pursued in a civil court or under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Summary

The petitioner, Diana Agnelo Colaco, filed a writ petition seeking permanent possession of a flat in Keshav Apartment. The High Court held that such a relief cannot be granted under its writ jurisdiction. The court directed that the petitioner must pursue her claim either before a civil court or under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Consequently, the writ petition was dismissed. The court granted the petitioner liberty to invoke the appropriate remedies available in law. No further orders were made.

Issues considered

Whether a writ petition is the appropriate forum for seeking possession of a flat
Whether the petitioner can obtain relief directly from the High Court under writ jurisdiction

Legislation cited

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Subjects

possession
writ jurisdiction
civil court
Maintenance and Welfare of Parents and Senior Citizens Act
property dispute

Judgment

                                                   17 WP-6617-26.DOC

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO. 6617 OF 2026


Diana Agnelo Colaco                                     ..Petitioner
     Versus
Mariza Arvind Nagar & ors.                          …Respondents

Adv. Violet Marshal Almeida, for the Petitioner.

                            CORAM:         N. J. JAMADAR, J.
                            DATE :         22nd JUNE 2026

P.C.:

1.      Heard the learned Counsel for the petitioner.

2.      By this petition, the petitioner seeks possession of the flat

in Keshav Apartment, permanently.

3.      The prayers in the petition cannot be countenanced, in

exercise of writ jurisdiction directly.

4.      The petitioner will have to work out her remedies either

before the Civil Court or the Authorities under the Maintenance

and Welfare of Parents and Senior Citizens Act, 2007.

5.      The Writ Petition thus stands disposed with liberty to the

petitioner to invoke the remedies as available in law.



                                            [N. J. JAMADAR, J.]




SAINATH, PA                          1/1

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