Ravindra Babaji Mestry vs Kishor Maruti Bhekare — Writ and Judicial Review | Bombay HC (2025)

Ravindra Babaji Mestry vs Kishor Maruti Bhekare — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Writ Petition allowed to be withdrawn and disposed of, with liberty to challenge the impugned orders if necessary after evidence is led by both the parties (as sought by counsel); time to deposit arrears of Rs.2,61,141/- plus Rs.27,200/- per month (till 31st October 2025) extended up to 31st January 2026; Rs.27,200/- for November 2025 payable on or before 10th December 2025 and monthly thereafter by the 10th of each succeeding month; Petitioner's statement of compliance accepted as an undertaking to the Court.

Issue for consideration

Whether the order dated 10th July 2024 of the 3rd Joint Civil Judge Senior Division, Thane, below Exhibit-5 in Special Civil Suit No.347 of 2023, and the order dated 1st January 2025 of the Principal District Judge, Thane, in Miscellaneous Civil Appeal No.46 of 2024, directing payment of license fee arrears, were legal and valid. (Raised by the petition but not adjudicated, as the petition was withdrawn at the outset.)

Ratio / Principle

Time to deposit the arrears of Rs.2,61,141/- and further arrears at the rate of Rs.27,200/- per month (accruing from the date of filing of the suit till 31st October 2025) was extended up to 31st January 2026.

Key takeaways

The amount of Rs.27,200/- per month for November 2025 was directed to be paid on or before 10th December 2025, and the Petitioner was directed to regularly pay Rs.27,200/- per month on or before the 10th day of each succeeding month.ratio¶18
The statement of the Petitioner (personally present in Court) that he will comply with the directions was accepted as an undertaking given to the Court.ratio¶23
The Writ Petition was allowed to be withdrawn and disposed of, subject to the above deposit directions, pursuant to counsel's request for withdrawal with liberty to challenge the impugned orders, if necessary after the evidence is led by both the parties.

Detailed headnote1 paragraphs

Bombay High Court (Madhav J. Jamdar, J.), 4 November 2025 — Writ Petition No.13555 of 2025 under Article 227 of the Constitution of India, filed by Ravindra Babaji Mestry against Kishor Maruti Bhekare, challenging (i) the order dated 10 July 2024 of the 3rd Joint Civil Judge Senior Division, Thane, below Exhibit-5 in Special Civil Suit No.347 of 2023, directing payment of license fee arrears of Rs.2,61,141/- and Rs.27,200/- per month from the date of filing of the suit till disposal, and (ii) the order dated 1 January 2025 of the Principal District Judge, Thane, in Miscellaneous Civil Appeal No.46 of 2024 confirming that direction. At the outset, counsel for the Petitioner sought withdrawal of the petition with liberty to challenge the impugned orders, if necessary after evidence is led by both parties. The Court extended time to deposit the arrears up to 31 January 2026, directed payment of Rs.27,200/- for November 2025 by 10 December 2025 and monthly thereafter by the 10th of each succeeding month, accepted the personally present Petitioner's compliance statement as an undertaking to the Court, and disposed of the petition as withdrawn. The legality or validity of the impugned orders was not adjudicated.

2-WP-13555-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.13555 OF 2025

Ravindra Babaji Mestry Versus	…Petitioner
Kishor Maruti Bhekare	…Respondent

Mr. Sunil Lalla a/w. Mr. Kishore Divekar and Mr. Avinash Chawala, for the Petitioner.

CORAM: MADHAV J. JAMDAR, J. DATED : 4^th NOVEMBER 2025

PC:-

By the present Writ Petition filed under Article 227 of the

Constitution of India, the challenge is to the legality and validity of the order dated 10^th July 2024 passed by the learned 3^rd Joint Civil Judge Senior Division, Thane, below Exhibit-5 in Special Civil Suit No.347 of 2023 as also to the order dated 1^st January 2025 passed by the learned Principal District Judge, Thane, in Miscellaneous Civil Appeal No.46 of 2024.

By the impugned order dated 10^th July 2024, the learned Civil Judge, Senior Division, Thane, directed the Petitioner to make payment of arrears of license fees of Rs.2,61,141/- and Rs.27,200/-

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per month from the date of the filing of the suit till the disposal of the suit and said order is confirmed by the said impugned order dated 1^st January 2025.

At the outset, Mr. Lalla, learned Counsel appearing for the Petitioner seeks withdrawal of the Writ Petition with liberty to challenge the impugned orders, if necessary after the evidence is led by both the parties. He states that however, time be extended to deposit the amount as directed by the impugned orders.

Accordingly, time to deposit the arrears of Rs.2,61,141/- and further arrears at the rate of Rs.27,200/- per month from the date of filing of the suit till 31^st October 2025 is extended upto 31^st January 2026.

As far as the amount of Rs.27,200/- per month for the period of November 2025, the same shall be paid on or before 10^th December 2025. The Petitioner shall also regularly pay the said amount of Rs.27,200/- per month on or before 10^th day of each succeeding month.

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The Petitioner who is personally present in Court states that he will comply with these directions.

The above statement of the Petitioner is accepted as undertaking given to this Court.

Accordingly, the Writ Petition is allowed to be withdrawn and disposed of, subject to above.

[MADHAV J. JAMDAR, J.]

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