61 AO 825-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 825 OF 2023 Sharmila Rajeshkumar Patel And Another ... Appellants. Versus Mayank Ishwarbhai Patel And Another ... Respondents. ————— Mr. Dikshak Soni for the Appellants. Mr. Vikrant V. Parashurami a/w. Ryan A. Barboza for the Respondents. ————— Coram : Sharmila U. Deshmukh, J. Date : June 25, 2026 P.C. : 1. The present Appeal from Order has been preferred against the order dated 2nd September, 2023 dismissing the Notice of Motion No.2237 of 2021 4led by the Plainti5 seeking directions against the Defendant to pay Rs.10,00,000/- as damages, Rs.15,000/- as mesne pro t per month till the disposal of the suit, appointment of Court Commissioner and from creating any third party rights. 2. The Plainti5 and the Defendant are siblings and it is not disputed that the share certi4cate in respect of the suit 9at stands in the name of the Plainti5. Considering the relationship between sa_mandawgad 1 of 3 2026:BHC-AS:26201 61 AO 825-23.doc the parties, upon a query by this Court, learned counsel appearing for the Defendant No.1, on instructions, submits that the Defendant No.1 is agreeable to deposit a sum of Rs.15,000/- p.m. in the Trial Court pending the hearing and 4nal disposal of the suit. He would further submit that as the 9at is being occupied by the Defendant No.1, he would continue to pay the maintenance to the Co-operative Housing Society where the 9at is located. 3. In view of the willingness demonstrated by the Defendant No.1, learned Advocate for the Plainti5 No.1, on instructions, submits that the appeal may be disposed of with the directions as agreeable to the Defendant No.1. 4. As the Plainti5 No.1 and the Defendant No.1 are siblings, an attempt can be made to settle the dispute by mediation. The parties are directed to approach the Main Mediation Centre, High Court, Bombay and the Coordinator to appoint an Mediator. The parties to approach the Main Mediation Centre on 3rd July, 2026 at 11:00 a.m. and the Coordinator to take the process forward. 5. In light of the above consensus, the appeal is disposed of with the following directions: (a) The Defendant No.1 is directed to deposit a sum of Rs.15,000/- p.m. in the Trial Court by the 10th day of sa_mandawgad 2 of 3 61 AO 825-23.doc each English calender month till the hearing and 4nal disposal of the suit. (b) The sum deposited will be subject to the outcome of the suit. (c) The maintenance and the other outgoings in respect of the suit 9at to be paid by the Defendant No.1 to the Co- operative Housing Society. 6. The Appeal from Order is disposed of in the above terms. 7. Interim Application if any does not survive for consideration and same stands disposed of. [Sharmila U. Deshmukh, J.] sa_mandawgad 3 of 3 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 25/06/2026 20:13:28