Avice Misquitta (Decd) and Ors. vs Christrabella Dsilva Decd Thr Lhrs and Ors. — Bombay HC (2025) — LawSathi Research

Avice Misquitta (Decd) and Ors. vs Christrabella Dsilva Decd Thr Lhrs and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed and disposed of: default-dismissal Order dated 26.09.2025 recalled and Writ Petition 3829 of 1993 restored to file for hearing with interim relief and pending interim/civil applications, conditional on the Applicants paying Rs.60,000/- (ad-hoc, subject to final adjustment) to Respondent No.2(g) within two weeks; listing on 23.12.2025 if the amount is paid.

Issue for consideration

Whether the interim application of the writ-petitioners seeking restoration of Writ Petition 3829 of 1993, dismissed for default under the Order dated 26.09.2025, should be allowed. +1 more

Court's answer

The application is allowed; the Order dated 26.09.2025 dismissing the writ petition for default is recalled; the writ petition is restored to file for hearing, along with interim relief and pending interim/civil application(s), if any.

Ratio / Principle

Restoration is made subject to the Applicants paying Rs.60,000/- to Respondent No.2(g) within a period of 2 weeks.

Key takeaways

The Rs.60,000/- payment is an ad-hoc amount, subject to final adjustment, and Respondent No.2(g) will accept it on behalf of all the Respondents.ratio¶21
If the amount is paid as directed, the writ petition and pending applications are to be placed on 23.12.2025 for further consideration.obiter¶23

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), M.M. Sathaye, J., 02.12.2025: Interim Application No. 12326 of 2025 in Writ Petition 3829 of 1993 (estate of Avice Misquitta and others v. legal heirs of Christrabella Dsilva and others). The writ petition had been dismissed for default under an Order dated 26.09.2025; the writ-petitioners applied for restoration, filing in time on 04.10.2025. Respondents opposed, contending the Applicants/Tenants had not paid contractual rent for years. Allowing the application, the Court recalled the Order dated 26.09.2025 and restored the writ petition to file for hearing, along with interim relief and pending interim/civil applications, subject to the Applicants paying an ad-hoc amount of Rs.60,000/- to Respondent No.2(g) within two weeks; the amount was clarified to be ad-hoc, subject to final adjustment, with Respondent No.2(g) accepting on behalf of all Respondents. Matter to be listed on 23.12.2025 if the amount is paid. No statute or precedent was engaged.

11 IA-12326-2025.doc

Digitally signed by HUSENBASHA HUSENBASHARAHAMAN RAHAMAN NADAF NADAF Date: 2025.12.03 10:53:01 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12326 OF 2025

IN

WRIT PETITION 3829 OF 1993

Avice Misquitta (Deceased) And Ors. ....Applicants/Petitioners V/s Christrabella Dsilva (Deceased) Through legal heirs And Ors. ....Respondents

Mr. Ramgopal S. Tripathi for Applicants. Mr. Clive D'Souza for Respondent Nos. 2(a) to 2(g).

CORAM : M.M. SATHAYE, J. DATE : 2^nd DECEMBER, 2025

P.C. :

Heard learned counsel for the parties.

This is an application by writ-petitioner for restoration of the writ petition which was dismissed for default under an Order dated 26.09.2025. The Application is filed in time on 04.10.2025.

Learned counsel for Respondent Nos.2(a) to 2(g) submits that the Applicants/Tenants have not even paid contractual rent for many years and unless the said rent is cleared, no indulgence be shown.

Learned counsel for the Applicants/Tenants submits that he is ready to deposit an ad-hoc amount of Rs.60,000/- which according to him will cover the pending rent.

In view of the above, subject to the Applicants paying Rs.60,000/- to Respondent No.2(g), within a period of 2 weeks from

Page 1 of 2

Husen

11 IA-12326-2025.doc

today, the application is allowed, the Order dated 26.09.2025 is recalled and Writ Petition is restored to file for hearing, along with interim relief and pending interim/civil application/s if any.

It is clarified that the said amount is an ad-hoc amount, subject to final adjustment and Respondent No.2(g) who will accept it on behalf of all the Respondents.

Interim Application is disposed of in above terms.

If amount is paid as directed above, place the writ petition and pending applications on 23.12.2025 for further consideration.

Page 2 of 2

Husen