Rajendra Bhagwandas Choudhary and Anr. vs Dinesh Purshottam Kapadia and Ors. — Bombay HC (2025) — LawSathi Research

Rajendra Bhagwandas Choudhary and Anr. vs Dinesh Purshottam Kapadia and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

By consent, both Writ Petitions were partly allowed and disposed of: the impugned orders of the Appellate Bench were confirmed, with the clarification that the monthly deposits of Rs.5,000/- (WP 15599/2025) and Rs.10,000/- (WP 15697/2025) shall be made in the Small Causes Court, Mumbai pursuant to the impugned orders till the MCGM/MHADA Authorities commence demolition of the subject building; arrears to be deposited within 8 weeks; no order as to costs.

Issue for consideration

Whether the orders dated 07 October 2025 of the Appellate Bench of the Small Causes Court at Mumbai (below Exhibit-8 in Appeals No.24 and 25 of 2025), granting stay of execution of the eviction decrees on condition of monthly interim compensation deposits of Rs.5,000/- and Rs.10,000/- respectively, are legal and valid.

Court's answer

By consent, both Writ Petitions are partly allowed and the impugned orders passed by the Appellate Bench are confirmed.

Ratio / Principle

It is clarified that the monthly deposits of Rs.5,000/- and Rs.10,000/- respectively shall be made in the Small Causes Court, Mumbai pursuant to the impugned orders, and shall continue till the MCGM/MHADA Authorities commence demolition of the subject building.

Key takeaways

The arrears payable under the impugned orders are to be deposited within a period of 8 weeks, as stated on instructions by senior counsel for the Petitioners and recorded as part of the terms of disposal.ratio¶29
Both Writ Petitions are disposed of in the above terms with no order as to costs.ratio¶30

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Madhav J. Jamdar, J., 18 December 2025). Writ Petitions Nos.15599 and 15697 of 2025 challenged orders dated 07 October 2025 of the Appellate Bench of the Small Causes Court, Mumbai, passed below Exhibit-8 in Appeal No.24 of 2025 (from R.A.E. and R. Suit No.1067/1742 of 2007) and Appeal No.25 of 2025 (from R.A.E. and R. Suit No.1066/1741 of 2007), whereby execution of the Trial Court's eviction decrees was stayed on condition of monthly deposits of Rs.5,000/- and Rs.10,000/- respectively as interim compensation. Senior counsel for the Petitioners stated that the Municipal Corporation of Greater Mumbai had declared the subject building dangerous and dilapidated, and sought modification so that the deposits would be made only till commencement of demolition; the Respondents, on instructions, raised no objection. By consent, the Court partly allowed the petitions, confirmed the impugned orders, and clarified that the deposits shall be made in the Small Causes Court, Mumbai pursuant to the impugned orders till the MCGM/MHADA Authorities commence demolition of the subject building; arrears to be deposited within 8 weeks. Petitions disposed of with no order as to costs.

917-CIVIL WP-15599-2025 .DOC

Akash Tayde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.15599 OF 2025

Ramgopal Bhagwandas Choudhary Since Deceased Through Lrs & Ors. …Petitioners Versus

Dinesh Purshottam Kapadia & Ors. …Respondents WITH WRIT PETITION NO.15697 OF 2025 Rajendra Bhagwandas Choudhary & Ors. …Petitioners Versus Dinesh Purshottam Kapadia & Ors. …Respondents

Mr. Simil Purohit, Senior Counsel a/w Mayank Bagla a/w Alok Bagla i/b Bagla & Associates, for the Petitioners. Mr. Jamsheed Master i/b Natasha Bhot, for the Respondents.

CORAM: MADHAV J. JAMDAR, J. DATED : 18^th DECEMBER 2025

PC:-

Heard Mr. Purohit, learned Counsel appearing for the Petitioners and Mr. Master, learned Counsel appearing for the Respondents.

In Writ Petition No.15599 of 2025 the challenge is to the legality and validity of the order dated 07^th October 2025 passed by the learned Appellate Bench of the Small Causes Court at

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Mumbai below Exhibit-8 in Appeal No.24 of 2025 in R.A.E. and R. Suit No.1067/1742 of 2007 by which Rs.5,000/- per month has been directed to be paid as interim compensation. In Writ Petition No.15697 of 2025 the challenge is to the legality and validity of the order dated 07^th October 2025 passed by the learned Appellate Bench of the Small Causes Court at Mumbai below Exhibit-8 in Appeal No.25 of 2025 in R.A.E. and R. Suit No.1066/1741 of 2007 by which Rs.10,000/- per month has been directed to be paid as interim compensation.

By the said impugned orders in both these Writ Petitions, inter allia, stay has been granted by the Appellate Bench to the execution of the eviction decree passed by the learned Trial Court on the condition that the Petitioner deposits an amount of Rs.5,000/- per month (in WP/15599/2025) and Rs.10,000/- per month (in WP/15697/2025).

Mr. Purohit, learned Senior Counsel appearing for the Petitioners after arguing both these Writ Petitions for some time states that as Municipal Corporation of Greater Mumbai has declared the subject building as dangerous and dilapidated

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building, the Petitioners will deposit the said amount till the commencement of demolition of the subject building. Learned Senior Counsel submits that if such modification is granted he has instructions not to press these Writ Petitions. However, learned Senior Counsel submits that the impugned orders be modified to the said extent.

Mr. Master, learned Counsel appearing for the Respondents, on instructions, submits that the Respondents have no objection for the said modification.

Accordingly, by consent both the Writ Petitions are partly allowed. Although the impugned orders passed in both the Writ Petitions are confirmed, it is clarified that the said deposit of Rs.5,000/- and Rs.10,000/- respectively shall be made in the Small Causes Court, Mumbai pursuant to the impugned orders till the MCGM/MHADA Authorities commences the demolition of the subject building.

Mr. Purohit, learned Senior Counsel, on instructions states

that the arrears which are to be deposited in terms of the

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impugned orders will be deposited within a period of 8 weeks from today.

Accordingly, the Writ Petitions are disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]

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