HMK 1 20. FA-916-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 916 OF 2018 WITH CIVIL APPLICATION NO. 2990 OF 2018 Maratha Mitra Mandal & Ors. ….Appellants/Applicants Versus Sub Urban Collector (Encroachment), Through State Of Maharashtra & Ors. .…Respondents __________________________________________________________________ Mrs. Anjali N. Helekar for the Appellants/Applicants. Mr. Madhuranjan Shetty a/w. Mr. Hemant Haryan for Respondent No.2. __________________________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 17th FEBRUARY 2026 P. C. : 1. Admit. By consent of the parties, heard finally at the admission stage. 2. This Appeal is filed by original plaintiff against an order passed by City Civil Court, Bombay in L .C. Suit No. 599 of 2011 on 30th January, 2018, whereby, the prayer sought for not to dispossess the plaintiff without due process of law, was rejected and the suit came to be dismissed. 3. Pending the present Appeal, the original defendant no.2- Siddhivinayak Co-operative Housing Society have filed a suit in City Civil Court, Mumbai Suit No. 2266 of 2025 to dispossess plaintiff in accordance with law. The said suit is pending as to today. 4. The original plaintiff is in possession of the suit premises till today SAYYED SAEED ALI AHMED ALI Digitally signed by SAYYED SAEED ALI AHMED ALI Date: 2026.02.18 11:18:13 +0530 HMK 2 20. FA-916-2018.doc and defendant no.2 have now taken proceedings to dispossess in accordance with law. Therefore, the present Appeal can be disposed of by passing following order :- i. Suit No. 2266 of 2025 filed by original defendant no.2 be proceeded with by the City Civil Court, Mumbai. ii. Till the above suit is disposed of, the plaintiff/ present appellant to continue in possession of the suit premises till the disposal of the suit. iii. Contentions of all the parties are kept open and no opinion is expressed by me on the merits of the case with respect to any of the parties in the present proceedings. iv. Plaintiff will be entitled to raise all contentions in the suit filed by defendant no.2 before the City Civil Court, Mumbai including the defence raised in the present proceedings. v. Rights of the parties would be subject to the outcome of Suit No. 2266 of 2025. vi. Plaintiff not to create any third party right, title and interest with respect to the suit property till the disposal of the Suit No. 2266 of 2025. vii. The Trial Court to consider expediting Suit No. 2266 of 2025. 5. Appeal is disposed of on above terms. 6. Civil Application does not survive and is disposed of. [ JITENDRA JAIN, J. ]