19-IA.3497.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3497 OF 2026 IN FAMILY COURT APPEAL NO.22 OF 2026 Shailaja Shailesh Shah ...Applicant IN THE MATTER BETWEEN:- Seema Hulji ...Appellant Versus Sharad Khachoji Hulji and Ors. ...Respondents Ms. Aneesa Cheema with Ms. Aishwarya Shetty and Mr. Prashant Parghane i/b Divekar and Co., for the Applicant. Ms. Disha Shetty, for the Appellant Appellant is present in-person. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 28th AUGUST 2026 P.C. : 1. Pursuant to the directions issued by this Court on 17th April 2026, we are informed that the possession of the subject flat has been handed over to the Developer for re-development. In the wake of the liberty that is granted in paragraph 6 of the said order, the aforesaid interim application is taken out by Shailaja Shah and we are N. S. Chitnis 1/3 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.08.29 18:11:14 +0530 19-IA.3497.2026.doc informed that she is already continuing the civil proceedings instituted by her father against her sister-in-law and her own brother. 2. As far as the direction issued by us by the order of 17 th April 2026 is concerned, we clarify that the same was an interim arrangement for the purposes of handing over of the flat and we had noted that Ms. Seema Hulji was in occupation of the said flat and, applying the law laid down in the case of Vipul Fatehchand Shah v/s Nav Samir CHS1, we directed that the flat be vacated and the rental compensation as well as hardship compensation shall be made over to her as the possession is taken from her. We were also informed that, as far as the corpus was concerned, the same had already been paid by the Developer to the mother of respondent Nos.1and 2 and we directed that the PAAA shall specifically make a mention of the same. 3. Though Interim Application No.3497 of 2026 now seeks a relief of modification of the order, we refuse to indulge the applicant. 1 Commercial Appeal (L) No.25162 of 2023 decided on 06.10.2023. N. S. Chitnis 2/3 19-IA.3497.2026.doc We, however, clarify that whatever rights are claimed by the applicant shall be subject to the outcome of the proceedings that are already pending before the Civil Court or which will be instituted for claiming her right in the subject property vis-a-vis the applicant who has handed over the flat and is granted rental compensation. The Developer shall be bound by such a decision, and at the time of handing over of the flat, the same shall be taken into consideration. Interim Application No.3497 of 2026 stands disposed of accordingly. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 3/3