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2026 DAILYLAW 6410 (BOM)

RAMSUKH LOCHAN GUPTA THRU CONSTITUTED ATTORNEY v. THE STATE OF MAHARASHTRA THRU G P AND ORS

WP/10310/2026 · 2026-08-28

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Judgment text

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39-WP-10310-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10310 OF 2026 WITH INTERIM APPLICATION NO.6507 OF 2026 Ramsukh Lochan Gupta Thru. Constituted Attorney …Petitioner/ Applicant Versus The State of Maharashtra Thru. G P And Ors …Respondents Adv. Ratna Jaiswal a/w Kanthawala, for the Petitioner/Applicant. Adv. Tushar V. Bahibawkar i/b M/s. Dahibawkar & Co., for the Respondent Nos.2, 3 & 5. Adv. V. R. Raje, AGP, for the Respondent-State. CORAM: ARUN R. PEDNEKER, J. DATED : 28th August 2026 PC:- 1. Heard learned Counsel appearing for the Petitioner. 2. Learned counsel fairly submits that the appeal is pending and the pending appeal itself be decided within three months and that his application for restoration of premises be also considered by the Appellate Court. Page 1 Akash 39-WP-10310-2026.DOC 3. Considering the above, the Writ Petition is disposed of with a direction to the Appellate Court to decide the pending proceedings within a period of six months. 4. If an application for restoration of premises is filed, the Court shall consider the same in accordance with law. However, for the period of six months till the disposal, no third party rights be created in the suit property. 5. It is further directed that, in the event the Appellant fails in the Appeal, the compensation for the period of six months, when the landlord has been injuncted from creating third party rights will also have to be paid by the Appellant to the landlords. 6. In view of the disposal of the Writ Petition nothing survives in the Interim Application. The same is also disposed of. 7. All contentions of the parties are expressly left open. [ARUN R. PEDNEKER, J.] Page 2 Akash