Diksha Rane 2 WP 6708 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6708/2026 MOHINI ALIAS SHANKUNTALA KALU SHETTY ..PETITIONER VS PANDURANG ANANT RANE & ORS ..RESPONDENTS Adv. Dhruva Gandhi a/w. Adv. Gauri Pathak i/b. Yash Legal for petitioner. Adv. Rajiv Hingu a/w. Adv. Deepraj Shetye for respondent no.1. CORAM : ARUN R. PEDNEKER, J. DATE : 10th SEPTEMBER, 2026. Per Court : 1. Heard learned counsel appearing for the petitioner. 2. Learned counsel appearing for the petitioner submits that he moved an application for recasting of the issues. The already framed original issue No.1 is noted below. “Does the plaintiff proves that he is a landlord of suit premises viz. Shop Nos.1 to 3, situated at Rane Patra Chawl (also known as N.S. Rane Chawl), Pandurang Bhudkar Marg, Worli, Mumbai 400 013?” 3. The application made for recasting of the issue is as under:- 10th SEPTEMBER, 2026 2026:BHC-AS:37512 Diksha Rane 2 WP 6708 2026.docx “Whether Plaintiff proves his derivative title as owner and landlord of the suit property & thus entitled to file this suit.” 4. Both the Courts below have held that the issue no.1 subsumes the recasted issue which is sought to be added. The Courts have held that the defendant is attempting to delay the proceedings. 5. In the suit between the landlord and the tenant, the ownership is hardly of any consequence. The landlord has to only establish that he is entitled to receive the rent. The ownership aspect cannot be dealt by the Small Causes Court under the Rent Control Act. No errors found in the order passed by both the Courts below. 6. The writ petition stands dismissed. 7. All contentions of the parties are kept open. [ ARUN R. PEDNEKER, J.] 10th SEPTEMBER, 2026 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 11/09/2026 16:44:38