Diksha Rane 8 WP 11309 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11309/2026 SURESH VISHWANATH GAIKWAD ..PETITIONER VS PRAFULL KUMAR OZARKAR ..RESPONDENT Adv. Sharad T. Bhosale for petitioner. CORAM : ARUN R. PEDNEKER, J. DATE : 3rd SEPTEMBER, 2026. Per Court : 1. Heard learned counsel for the petitioner. 2. The Small Causes Court has denied leave to defend the suit, on the ground of existence of a written leave and license agreement between the parties. The order of Small Causes Court has been upheld by the impugned order in RTS Appeal. 3. Learned counsel for the petitioner submits that the leave and license document is fraudulently obtained. However, there is no denial that the respondent is the landlord. The petitioner’s contention is that there is an oral agreement to sale, and he holds the subject property under an oral agreement to sale. 3rd SEPTEMBER, 2026 2026:BHC-AS:36965 Diksha Rane 8 WP 11309 2026.docx 4. Based on such a contention, leave to defend cannot be granted. Since the tenancy agreement in writing is entered between the parties, no case is made out to interfere with the impugned order dated 9th June, 2026, passed by the Additional Commissioner, Nashik Division, Nashik In RTS Revision Application No.390 of 2024. The present petition stands dismissed. [ ARUN R. PEDNEKER, J.] 3rd SEPTEMBER, 2026 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 08/09/2026 19:15:16