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Bombay High Court

SANJAY PRAKASH INDALKARversusARVIND JAMNADAS SHAH AND ORS.

Decided
Disposal
Dismissed

Holding

The trial court correctly refused to order the handover of the articles because the petitioner failed to produce evidence of ownership, and the bailiff’s report alone is insufficient.

Summary

The petitioner, a third‑party intervenor, sought to have articles seized during the execution of an eviction decree handed over to him, claiming they belonged to him based on a bailiff’s report. The trial court rejected his application, holding that he had not produced any evidence of ownership and that the earlier application for restoration of possession had been dismissed without challenge. The petitioner argued that the presence of his staff, identified by the bailiff, proved ownership of the articles. The court found that the bailiff’s report alone was insufficient to establish ownership and that the petitioner was not entitled to relief after the eviction decree was executed. Consequently, the court dismissed the writ petition and declared the pending civil application infructuous, finding no illegality or perversity in the trial court’s discretionary exercise under Article 227 of the Constitution.

Issues considered

  • Whether a third‑party petitioner is entitled to the handover of articles seized during execution of an eviction decree in the absence of proof of ownership.
  • Whether a bailiff’s report indicating the presence of the petitioner’s staff constitutes sufficient evidence of ownership.
  • Whether the trial court’s refusal to grant relief was a mis‑exercise of its discretionary jurisdiction under Article 227.

Subjects

  • eviction decree
  • possession
  • third‑party rights
  • bailiff report
  • ownership evidence
  • discretionary jurisdiction
  • Article 227
  • civil application
  • writ petition

Judgment

                                                                              13-WP-7631-2017.docx


               rrpillai            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                           WRIT PETITION NO. 7631 OF 2017

                              Sanjay Prakash Indalkar                   …     Petitioner
                                   Vs.
                              Arvind Jamnadas Shah                      …     Respondents
                              (since deceased) through LRs and Others

                                                       WITH
                                         CIVIL APPLICATION NO. 139 OF 2019
                                                         IN
                                          WRIT PETITION NO. 7631 OF 2017

                              Arvind Jamnadas Shah
                              (since deceased) through LRs and Others... Applicants
                              In the matter between
                              Sanjay Prakash Indalkar                   …     Petitioner
                                   Vs.
                              Arvind Jamnadas Shah                      …     Respondents
                              (since deceased) through LRs and Others


                              Mr. J. S. Kini a/w. Mr. Aum Kini and Mr.Parth Kini i/b. Mr.
                              Suresh Dubey for the Petitioner.

                                                CORAM : GAURI GODSE, J.

                                                DATE :     30th SEPTEMBER 2026

                              ORDER :


                              1.    This writ petition is preferred by the third party –

           Digitally signed
                              intervenor who had objected to the decree holders
           by
RAJESHWARI RAJESHWARI
           RAMESH
RAMESH     PILLAI
PILLAI     Date:                                             1/4
           2026.10.01
           16:29:54 +0530
                                                13-WP-7631-2017.docx


application for destroying articles found in the premises at

the time of execution of the eviction decree. The petitioner

had initially filed an application seeking stay to the execution

and for restoration of the possession on the ground that he

had filed a declaratory suit that he is a protected tenant of the

suit premises. The said application was rejected on 11 th April

2017. Admittedly, the said order was never challenged by the

petitioner.


2.    In the application filed by the landlord to destroy the

articles, the petitioner applied for handing over the articles to

the petitioner. The trial court has rejected the application on

the ground that the petitioner was unable to show that the

articles belonged to him. The application for restoration of

possession was also dismissed. Hence, the trial court held

that in the absence of any evidence to show that the articles

belonged to the third party, he would not be entitled to any

relief. Hence, the decree holders application was allowed to

destroy the articles.


3.    Learned counsel for the petitioner relies upon the

bailiffs report to point out that the articles belonged to him.

He submits that the bailiffs report would indicate that the


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                                                13-WP-7631-2017.docx


articles belonged to the petitioner. He relies upon the bailiff

report to show that when the bailiff reached the suit premises

one Shri Gajanan Jitas Jagtap was found in the premises

who informed that he was staff of the petitioner who was

occupying the premises. Learned counsel for the petitioner

therefore submits that the very fact that the petitioner’s staff

was found in the premises would show that the articles

belonged to the petitioner.


4.    The trial court has rejected the petitioner’s contention

for receiving articles mainly on the ground that his earlier

application seeking restoration of possession on the ground

that he was occupying premises was dismissed and never

challenged by the petitioners. Once the eviction decree was

executed and the possession was recovered in view of the

eviction decree against the tenant the petitioner would not be

entitled to seek any relief in the absence of any evidence to

show that the articles belonged to him. Mere bailiff report

cannot be considered as proof that the petitioner is

concerned with the suit premises or the articles lying in the

suit premises at the time of execution of the eviction decree.


5.    The trial court has therefore rightly refused to handover


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                                                  13-WP-7631-2017.docx


the articles to the petitioner in the absence of any supporting

evidence.


6.    I do not find any illegality or perversity in the reasons

recorded in the impugned order warranting any interference

in the exercise of discretionary jurisdiction under Article 227

of the Constitution of India.


7.    The writ petition is therefore dismissed.


8.    Pending civil application is disposed of as infructuous.




                                           [GAURI GODSE, J.]




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