34-WP-6597-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6597 OF 2026 Rakesh Ashokkumar Somaiya & Ors. …Petitioners Versus Sayed Ali Jalil Hussaini & Ors. …Respondents Adv. Faiyaz Khan a/w Aasim Gholap, for the Petitioners. Adv. Pramod Patil a/w Ajit Hon & Atharva Deshmukh i/b PNP & Associates, for the Respondent No.1. Adv. Ashwini A. Purav, AGP, for the Respondent-State Nos.2 & 3. CORAM: ARUN R. PEDNEKER, J. DATED : 28th August 2026 PC:- 1. Heard learned counsel for the parties. 2. Learned Counsel appearing for the Petitioners submits that during the pendency of the Civil Suit, forceful possession of the Suit Property is taken by the Respondent-Landlord. He submits that the suit particularly was filed for seeking possession from the Petitioner. However, in the interregnum during the pendency of the proceedings the possession of the Petitioners has been forcibly taken by the Respondent-Landlord. Page 1 Akash 34-WP-6597-2026.DOC 3. The learned Counsel appearing for the Respondents/Original Plaintiffs has disputed this position. 4. However, we find that the suit has itself been withdrawn by the Plaintiff. Considering the same, the present Writ Petition is disposed of with liberty to the Petitioners to take such appropriate steps as are available in law to seek restoration of possession of the suit premises. If such an applications/proceedings are filed, the concerned Court would decide the same in accordance with law. 5. It is clarified that I have not expressed anything on the merits of the contentions raised before this Court. If such a proceedings are filed, the time taken in proceedings with the present Writ Petition, be excluded in computing the period of limitation in filing such proceedings. 6. The Writ Petition is disposed of with above observations. [ARUN R. PEDNEKER, J.] Page 2 Akash