16-wp-629-2017-ia-7000-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6291 OF 2017 Geeta Shashidhar Karkera(Uchil) … Petitioner vs. Dominic/Kisan Warwale and Anr … Respondents WITH INTERIM APPLICATION NO. 7000 OF 2024 WITH INTERIM APPLICATION NO. 6291 OF 2017 IN WRIT PETITION NO. 6291 OF 2017 Dominic/Kisan Warwale and Anr … Applicants IN THE MATTER BETWEEN Geeta Shashidhar Karkera(Uchil) … Petitioner vs. Dominic/Kisan Warwale and Anr … Respondents Mr. Anjani Kumar Singh a/w. Mr. Vatsal Verma and D.S. Mishra i/b. D S Law Bureau for the Petitioner. Mr. Datta Mane a/w. Ms. Radhika Samant, Ms. Pooja Bhide for the Respondent. CORAM : GAURI GODSE, J. DATED : 21st AUGUST 2026 ORDER: 1. Arguable points are raised. Hence Rule. Page no. 1 of 3 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2026.08.21 18:43:49 +0530 16-wp-629-2017-ia-7000-2024.doc 2. Learned counsel for the respondent waives notice. 3. This court vide order dated 16th February 2017 had granted ad interim relief subject to the petitioner depositing 50% of the Rs. 1,40,000/- as directed by the competent authority. Thereafter, vide order dated 21st February 2024, the petitioner was directed to deposit a further sum of Rs. 3,10,000/- in this court. The directions are complied with and the amount is deposited in this court. 4. The petitioner is the original owner of the subject premises. The respondent no.1 is claiming right in respect of the subject premises based on the agreement for sale dated 22nd June 2004. The eviction application before the competent authority is filed based on the leave and license agreement dated 17th June 2004 which appears to be executed prior to the document of title relied upon by the respondent. Prima facie the applicant has made out the case of the invalidity of the leave and license agreement for maintaining the application for eviction filed under Section 24 of the Maharashtra Rent Control Act, 1999 (‘Rent Act’) . 5. Hence, during the pendency of the writ petition, ad-interim relief granted on 16th February 2017, shall continue to operate. The petitioner shall not create any third party rights or part with the possession of the subject premises in favour of the third party. The Page no. 2 of 3 16-wp-629-2017-ia-7000-2024.doc Petitioner shall file a fresh affidavit-cum-undertaking stating that she will not create any third party rights or part with the possession in respect of the subject premises, till decision of this writ petition. INTERIM APPLICATION NO. 7000 OF 2024 AND INTERIM APPLICATION NO. 6291 OF 2017 . 6. The interim applications are filed by the respondent no.1 for withdrawal of the amount deposited by the petitioner in this court. In the facts and circumstances of the case, respondent no.1 shall be permitted to withdraw the amount subject to filing an undertaking in this court that if the petitioner succeeds in the petition, the withdrawn amount shall be brought back to the court if the directions are issued by this court. 7. Interim Applications are disposed of in the aforesaid terms. (GAURI GODSE, J.) Page no. 3 of 3