Shriprakash Malpani vs Sitadevi Satyanarayan Malpani (deceased through legal heirs) — Bombay HC (2025) — LawSathi Research

Shriprakash Malpani vs Sitadevi Satyanarayan Malpani (deceased through legal heirs) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Amendment application IA/9780/2025 partly allowed: Sushila Constructions added as Respondent No.1(e) to Writ Petition 3506 of 2003 (substitution of Respondent Nos.1(a)-(d) declined); amendment to be carried out within two weeks. Inspection application IA(ST)/31718/2025 rejected. Both interim applications disposed of in these terms.

Issue for consideration

Whether, on IA/9780/2025, Respondent No.1(b) may delete Respondent Nos.1(a) to 1(d) and substitute the proposed respondent-developer Sushila Constructions as Respondent No.1 in their place, or whether the developer can only be added as an additional/proper party. +1 more

Court's answer

On the documents produced (Index-II showing a Development Agreement dated 29.01.2025 executed by co-owner Respondent No.1(d) in favour of the proposed developer), the proposed Respondent Developer cannot substitute the Owner-Respondents, but can certainly be added as a proper party.

Ratio / Principle

IA/9780/2025 is partly allowed: Sushila Constructions is to be added as Respondent No.1(e) to the writ petition, and the amendment is to be carried out within a period of two weeks.

Key takeaways

Since the title of the original landlord is not, and cannot be, disputed by the tenant, documents which the landlord executes with a third person are beyond the scope of challenge at the instance of the tenant, especially as the original landlords are not removed from the array of parties.ratio¶8
Accordingly, the prayers in IA(ST)/31718/2025 seeking inspection of the original documents are rejected.ratio¶8

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (M.M. Sathaye, J.), order dated 10 November 2025 in Interim Application No. 9780 of 2025 and Interim Application (ST) No. 31718 of 2025 in Writ Petition 3506 of 2003 — landlord-tenant dispute under an eviction suit. Respondent No.1(b) sought amendment to delete Respondent Nos.1(a) to 1(d) (heirs of the deceased original respondents) and substitute 'Sushila Constructions', the proposed respondent-developer, relying on Index-II of (i) a Development Agreement dated 29.01.2025 in respect of Malpani Chambers (Kavrana Building), Gokhale Road, Dadar (W), Mumbai - 400 025, executed by Respondent No.1(d) (Usha R. Mundada) in favour of the developer, and (ii) a Release Deed dated 20.02.2025 executed between the respondents inter se. Held: in such a landlord-tenant dispute the title of the original Plaintiff-landlord is not, and cannot be, disputed by the Defendant-tenant; therefore, although the developer could not substitute the Owners on the strength of a registered document obtained from one co-owner, it could certainly be added as a proper party. IA/9780/2025 was partly allowed and Sushila Constructions was added as Respondent No.1(e), the amendment to be carried out within two weeks. The tenant-side Petitioner No.1(b)'s application for a direction to inspect the original documents (IA(ST)/31718/2025) was rejected: what documents the landlord executes with a third person is beyond the scope of challenge at the instance of the tenant, particularly since the original landlords were not removed from the array of parties. Both interim applications were disposed of accordingly.

17(1) IA-9780-25&IAST-31718-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

Digitally signed byHUSENBASHA INTERIM APPLICATION NO. 9780 OF 2025 HUSENBASHA RAHAMAN RAHAMAN NADAF IN NADAF Date: 2025.11.11 10:06:16 WRIT PETITION 3506 OF 2003 +0530 Shriprakash Satyanarayan Malpani ....Applicant In the matter between Gunvatlal Jethalal Dagli (since deceased) through 1a. Arvindaben Gunvantlal Dagli (since deceased) through Lrs. ....Petitioners V/s Satya Narayan Mahadev Malpani (since deceased) through 1 a) Smt. Sitadevi Satyanarayan Malpani (since deceased) through Lrs. & Ors. ....Respondents

WITH

INTERIM APPLICATION (ST) NO. 31718 OF 2025

IN

WRIT PETITION 3506 OF 2003

Chetan Gunvantlal Dagli ....Applicant In the matter between Gunvatlal Jethalal Dagli (since deceased) through 1a. Arvindaben Gunvantlal Dagli (since deceased) through Lrs. ....Petitioners V/s Satya Narayan Mahadev Malpani (since deceased) through 1 a) Smt. Sitadevi Satyanarayan Malpani (since deceased) through Lrs. & Ors. ....Respondents

****

Mr. Neel Gala a/w Mr. Kaivalya Raul for Petitioner in WP/3506/2003 and Applicant in IAST/31718/2025.

Mr. Vishal Kanade, Ms. Sheetal Shah, Mr. Danish Merchant i/b. M/s. Mehta & Girdharlal for Respondent No.1.

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17(1) IA-9780-25&IAST-31718-25.doc

CORAM : M.M. SATHAYE, J.

DATE : 10^th NOVEMBER, 2025

P.C. :

Heard learned counsel for the parties.

IA/9780/2025 is filed by Respondent No.1(b) Shri. Prakash Satyanarayan Malpani seeking amendment, to which proposed Respondent Shushila Constructions has consented. Prayer is made seeking deletion of Respondent Nos.1(a) to 1(d) and substituting name of Sushila Constructions as Respondent No.1 in their place.

The Applicant is relying on Index-II in respect of two documents; first being Development Agreement dated 29.01.2025 and secondly Release Deed dated 20.02.2025. The Index-II about Release Deed is executed between Respondents inter-se. However, the Index-II of Development Agreement indicates that it is in respect of Malpani Chambers (Kavrana Building), Gokhale Road, Dadar (W), Mumbai – 400 025 and land beneath the same. It records a development agreement executed by Respondent No. 1d (Usha R. Mundada) in favour of proposed Respondent - Shushila Constructions.

The Applicant in IA(ST)/31718/2025 is Petitioner No.1(b) in writ petition. This application is filed seeking direction to the Applicant in IA/ 9780/2025 to give inspection of original documents referred in the application. Learned counsel for Petitioner No. 1(b) contended that from the documents of Index-II it is clear that the Development Agreement is only by one of the co-owners and it is

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prior in point of time compared to the Release Deed. He submitted that therefore ex-facie proposed Respondent Developer is not concerned with the entire subject matter property. He submits that documents under which the proposed Respondent Developer has become concerned, must come on record. He submitted that when apparently the proposed Respondent Developer is concerned only with the part of the property, he cannot be permitted to substitute all the Respondent-owners and permitted to oppose the petition.

Learned counsel for the Applicant in IA/9780/2025 submitted on instructions that if the Court is not inclined to grant substitution, the proposed Respondent Developer be permitted to be added as Respondent No.1(e) in addition to the existing Respondents.

Nature of dispute is limited to a landlord - tenant dispute under eviction suit. The title of the original Plaintiff-landlord was not disputed and can not be disputed by the Defendant-tenant. True, in the face of documents produced in favour of the proposed Respondent Developer, it can not substitute the Owners, but it can certainly be added as proper party, in view of registered document in its favour by one of the co-owner - Respondent No.1(d).

In that view of the matter IA/9780/2025 is partly allowed, thereby directing that Sushila Constructions be added as Respondent 1(e) to the present writ petition. Amendment to be carried out within a period of two weeks.

Since the title of the original landlord is not and can not be disputed by tenant, what documents the landlord executes with the

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17(1) IA-9780-25&IAST-31718-25.doc

third person is beyond the scope of challenge at the instance of the tenant. This is especially so, because the original landlords are not removed from the array of parties. Therefore, the prayers in IA(ST)/31718/2025 are rejected.

Both the interim applications are disposed of in above terms.

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