Bombay High Court

JAYASHREE JAYWANT PATIL AND ORSversusTHE STATE OF MAHARASHTRA THROU. REVENUE MINISTER GOVT OF MAHARASHTRA AND ANR

Decided: 6 February 2026
Disposal: Disposed Off
Bench: MILIND N JADHAV

Holding

The writ petition is disposed without adjudicating its merits, pending the outcome of the pending eviction suit.

Summary

The petitioners filed a writ petition challenging certain orders of the State of Maharashtra. The High Court observed that the substantive rights of the parties are currently being contested in an eviction proceeding (Suit No. 132 of 2023) before the Small Causes Court, which references the same matters. Consequently, the court held that the orders impugned in the writ petition must await the outcome of that suit. All contentions, including those of Respondent No. 2, were left open without the court expressing any view on the merits. The writ petition was therefore disposed without a substantive decision.

Issues considered

Whether the High Court can decide the writ petition independently of the pending eviction suit.
Whether the orders impugned should be stayed pending the outcome of the eviction proceedings.

Subjects

writ petition
eviction
pending suit
High Court
procedural stay
substantive rights

Judgment

902. CIVIL WP-7369-24.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7369 OF 2024

Jayashree Jayawant Patil & Ors. .. Petitioners
Versus
The State of Maharashtra & Anr. .. Respondents
....................
 Mr. Anil Sakhare, Senior Advocate a/w Mr. Rohan Mirpury i/by
M.S. Lad, Advocates for Petitioners
 Ms. Sulbha Chipade, AGP for Respondent No. 1 -State
 Mr. Abhijeet Marathe, Advocate for Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 6, 2026
P. C.:

1. Heard Mr. Sakhare, learned Senior Advocate for Petitioners; Ms.

Chipade, learned AGP for Respondent No. 1 - State and Mr. Marathe,

learned Advocate for Respondent No. 2.

2. Considering that substantive right of the parties are now

agitated in the eviction proceedings bearing T.E. & R. Suit No. 132 of

2023 before the Small Causes Court at Bombay which also gives

reference to both CTS Numbers, the orders impugned in the present

Petition shall be subject to the outcome of the said Suit proceedings.

3. All contentions of parties including that of Defendant No. 4

(Respondent No. 2 before me) represented by Mr. Marathe are

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902. CIVIL WP-7369-24.odt

expressly kept open without this Court expressing any imprimatur on

merits.

4. Writ Petition is disposed.

Amberkar [ MILIND N. JADHAV, J. ]

Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.02.06
14:54:44
+0530

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