Gitalaxmi 29-IA-1788-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1788 OF 2026 IN WRIT PETITION NO. 2965 OF 2026 MRS. MANISHA CHAUHAN AND ANR. ...APPLICANTS IN THE MATTER BETWEEN : MRS. MANISHA CHAUHAN AND ANR. ...PETITIONERS Versus THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr. Rahul kedar a/w Mr. Rahul Mantri & Mr. Gabindram D. Talreja i/b Gabindram D. Talreja & Associates, learned counsel for the Applicants/Petitioners. Mr. Kezer Kharawala i/b Lex Juris, learned counsel for Respondent No. 5. Mr. A. I. Patel, Addl.G.P. a/w Ms. Vaishali S. Nimbalkar, AGP, learned AGP for the State-Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 28th SEPTEMBER, 2026. Per Court : 1. Heard learned counsel appearing for the parties. 28th SEPTEMBER, 2026 Gitalaxmi 29-IA-1788-2026.docx 2. Learned counsel for the Applicants/Petitioners submits that a complaint was made by Basantidevi Balbachan Yadav, the Respondent herein against M/s. Kartik Realtors, through his proprietor Mr. Pankaj Chauhan. The said complaint was allowed by giving certain directions and a final order was passed. While executing the said order, the properties of Mr. Pankaj Chauhan and also of the present Petitioners (wife and brother of Mr. Pankaj Chauhan), are also attached. It is submitted that notices were also not issued to the Petitioners herein and the impugned orders are passed. The Adjudicating Authority directed the Revenue Authorities to attach the properties of Mr. Pankaj Chauhan and in view of the orders of Adjudicating Authority, the orders at Page Nos. 36 and 84 are passed by the Tahsildar and Circle Officer respectively. 3. Learned counsel for the Applicants/Petitioners submits that the concerned authority, i.e. the Tahsildar and Circle Officer could have never travelled beyond the order dated 15th September, 2023, when the order is passed only against the proprietor Mr. Pankaj Chauhan and the properties of Petitioners ought not to have been attached, moreso, without notice to them. 4. Learned counsel for the Applicants/Petitioners submits that he may be permitted to raise all these issues before the concerned authority and the matter can be remitted back so as to ascertain to decide “whether the properties attached, belonged to the present 28th SEPTEMBER, 2026 Gitalaxmi 29-IA-1788-2026.docx Petitioners or of Mr. Pankaj Chauhan or whether there is a joint ownership in respect of the said properties?”. 5. Considering that the Tahsildar has attached the properties without notices to the present Petitioners, the impugned orders at Page Nos. 36 and 84 both are quashed and set aside. The matter is remitted back to the office of Tahsildar. 6. The Tahsildar concerned shall hear all the parties including the present Petitioners and to pass the fresh order within a period of three weeks. The Tahsildar concerned to attach only those properties belonging to Mr. Pankaj Chauhan, the proprietor of M/s. Kartik Realtors in terms of the order of Real Estate Regulatory Authority. 7. Although this Court has set aside the impugned orders, the attachment is continued for a period till the concerned Tahsildar would decide the attachment proceedings after hearing the Petitioners. However, the Tahsildar shall not put the properties for sale until he decides the proceedings pending before him or take any further coercive steps qua the properties till he decides the pending proceedings. 8. All contentions of the parties are left open. 9. Parties to appear before the Tahsildar on 7th October, 2026 at 3:00 p.m. Thereafter the concerned Tahsildar shall fix the date as 28th SEPTEMBER, 2026 Gitalaxmi 29-IA-1788-2026.docx per his convenience and to decide the proceedings within a period of three weeks. 10. In view of the above, Writ Petition stands disposed of accordingly. 11. In view of disposal of the Writ Petition, Interim Application does not survive, also stands disposed of accordingly. [ ARUN R. PEDNEKER, J. ] 28th SEPTEMBER, 2026 GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.10.03 11:03:45 +0530