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2026 DAILYLAW 15707 (BOM)

RANI DEVI RAMESHWAR PRASAD AGRAHARI v. ASTHAVINAYAK SRA CO-OP. HSG. SOC. LTD

IA/2917/2026 · 2026-10-01

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Judgment text

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1 of 2 901 - IA-2917-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2917 OF 2026 IN WRIT PETITION NO. 2592 OF 2025 Rani Devi Rameshwar Prasad Agrahari Applicant versus Asthavinayak (SRA) Co-Op. Hsg. Soc. Ltd Respondent _________________________________________________________________ Mr. S. R. Gupta, Advocate for Petitioner. Ms. Ravleen Sarharwal a/w Ms. Dharni Divekar a/w Ms. Nishi Naval a/w Mr. Rishabh Shah, Advocates i/by R. S. Justicia Law Chambers for Respondent/SRA. Mr. Onkar A. Chandurkar, Addl. GP a/w Mr. Aditya R. Deolekar, AGP, for State. _________________________________________________________________ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 1st OCTOBER 2026 P.C. 1. This Interim Application has been filed by the Applicant who is asserting his rights in respect of Flat No. 423, 4th Floor of the Ashtavinayak (SRA) Co-Op. Hsg. Soc. Ltd., “A”-Wing, Building No. 3, Near Gurunanak Hospital, Behind Hall Mark Business Plaza, Bandra (East), Mumbai – 400 051. 2. The case of the Petitioner is that the Applicant would be adversely affected by the order dated 3rd November 2025 which was passed by this Bharati 2 of 2 901 - IA-2917-2026.DOC Court on the aforesaid Writ Petition filed by the Society namely, Ashtavinayak (SRA) Co-Op. Hsg. Soc. Ltd., which came to be disposed of in terms of the following directions: “Respondent Nos. 1 and 3 are directed to take action in pursuance of the letter/report dated 13th September 2023 against the 16 illegal occupants/tenants who are occupying the tenements in the Petitioner Society and hand over vacant and peaceful possession of the same to the Petitioner Society in accordance with law and as expeditiously as possible, preferably within a period of four weeks from the date this order is made available to the said Respondents by the Petitioner.” 3. It is clear from a reading of the aforesaid direction that, whatever action was required to be taken, is to be taken within a period of four weeks from the date of the said order and in accordance with law. The Petitioner is asserting independent rights hence, if the petitioner has any other rights, the same would necessarily be required to be taken into consideration before any action is taken pursuant to the said order. 4. Thus, keeping open all the contentions of the Applicant as also of the Respondent, we dispose of the Interim Application. No costs. The order dated 3rd November 2025 be accordingly read. (AARTI SATHE, J.) (G.S.KULKARNI, J.) Bharati