38 wp 11207 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11207 OF 2026 Mahesh Vishandas Chandwani and Anr. ... Petitioners versus Prestige Mulund Realty Pvt. Ltd. and Ors. … Respondents Mr. Sachin Mandlik with Ms. Yogi Joshi i/by Mandlik and Partners, for Petitioners. CORAM: N.J.JAMADAR, J. DATE : 5 OCTOBER 2026 P.C. 1. Heard the learned Counsel for the Petitioners. 2. The challenge in this Petition is to an interim order dated 8 May 2026 passed by the Maharashtra Real Estate Appellate Tribunal. 3. The Petitioners have an efficacious statutory remedy of appeal against the said order passed by the Maharashtra Real Estate Appellate Tribunal, subject to the regime of Section 100 of the Code of Civil Procedure, 1908. 4. Learned Counsel for the Petitioners submits that since the Petition arises out of an interim order and may not raise a substantial question of law, the remedy by way of writ petition can be legitimately invoked. 5. The submission does not merit countenance. The Parliament has designedly put restrictions on the assailability of the orders passed by the Real Estate Appellate Tribunal; final or interlocutory, by conferring appellate SSP 1/2 38 wp 11207 of 2026.doc jurisdiction at par with Section 100 of the code, 1908. If the challenge to an order does not raise a substantial question of law, the matter must rest. It can neither be agitated in appeal nor in a writ petition. 6. Entertaining the writ petition against an order passed by the Appellate Tribunal, despite the availabiity of statutory remedy of appeal, except in cases where the writ is filed under the well recognized exceptions carved out by judicial precedents, and reiterated in Whirlpool Corporation V/s. Registrar of Trade Marks, Mumbai and Ors.,1 would open the floodgates and defeat the object of RERA 2016. 7. Thus, the Writ Petition stands disposed with liberty to the Petitioners to file an appeal against the impugned order, if desired. ( N.J.JAMADAR, J. ) 1 1998(8) SCC 1 SSP 2/2 SWAROOP SHARAD PHADKE Digitally signed by SWAROOP SHARAD PHADKE Date: 2026.10.07 19:58:01 +0530