Bombay High Court
UDHARAM A. PARWANIversusUNION OF INDIA AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed as there is nothing left to adjudicate, and the City Civil Court order stands modified in accordance with the earlier writ order.
Summary
The petitioner, Udharam Ammumal Parwani, challenged a City Civil Court order dismissing his miscellaneous appeal against an estate officer's rent assessment of Rs.79,00,375 for premises up to April 1998. The High Court noted that in a separate writ petition (No.8065 of 2004) it had already ordered that the amount deposited by the Railway Administration be applied to the rent due up to October 2026 and directed the petitioner to vacate the premises within six weeks. Consequently, the Court found no remaining issue for adjudication in the present petition. The earlier order of the City Civil Court was therefore modified in line with the earlier writ order, and the present writ petition was disposed of without costs.
Issues considered
- What is the effect of the earlier High Court order in Writ Petition No.8065 of 2004 on the pending challenge to the City Civil Court's dismissal of the rent‑assessment appeal?
Subjects
- rent assessment
- lease
- vacate premises
- writ petition
- modification of order
- civil court appeal
- Railway premises
Judgment
2026:BHC-AS:39985
Megha 14_WP_9397_2004
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9397 OF 2004
Udharam Ammumal Parwani ...Petitioner
V/s.
Union of India through the General
Manager, Central Railway, Mumbai and
Ors. ...Respondents
________________
Mr. Hitesh P. Vyas with Mr. Rasik Raut for the Petitioner.
Mr. R.V. Govilkar, Senior Advocate with Mr. T.J. Pandian, Mr. R.P. Ojha,
Mr. T.C. Subramanian, Mr. Gautam Modanwal, Ms. Vaishali Barot. Ms.
Noorjahan Khan and Ms. Aarti Gupta for the Respondents.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 30 SEPTEMBER 2026.
P.C.:
1) By this Petition, Petitioner has challenged order dated 8/ 12/19
October 2004 passed by City Civil Court dismissing Misc. Appeal No.210
of 2001. The Appeal was preferred by the Petitioner challenging order
dated 4 September 2000 passed by the Estate Officer ascertaining the
rent in respect of the suit premises at Rs.79,00,375/- for a period upto
April-1998.
Page No.1 of 2
30 September 2026
Megha 14_WP_9397_2004
2) Today, by a separate order passed in Writ Petition No.8065 of
2004, this Court has already directed that entire deposited amount
withdrawn by the Railway Administration shall meet its claim towards
rent of the premises upto October-2026. The Petitioner is directed to
vacate the premises within a period of six weeks. In that view of the
matter, nothing survives to be adjudicated in the present Petition.
Accordingly, the impugend order passed by the City Civil Court shall
stand modified with an arrangement directed while disposing of Writ
Petition No.8065 of 2004.
3) Writ Petition is accordingly disposed of. Rule is made partly
absolute. There shall be no order as to costs.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 30 September 2026
Date: 01/10/2026 15:09:11
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