Seema Kashinath More v. Asst. Registrar, Co-Op. Society
Case brief
What is this about?
Keywords: Bombay High Court; Ordinary Original Civil Jurisdiction; writ petition; interim order; ad-interim relief; prayer clause (d); mortgage by tenants; unauthorised mortgage; tenanted premises; landlord-petitioner; recovery certificate; attachment; auction sale; co-op. society; Asst. Registrar; Respondent No.2; tenants as Respondent Nos. 4 and 5; notice returnable 8 weeks; next date 23 February 2026; coram Suman Shyam and S.M. Modak; dated 15 December 2025; Seema Kashinath More; D.R.Singh; Nazia Sheikh AGP; Ajinkya Thakur. Relevant to landlords/petitioners resisting attachment and auction of tenanted premises mortgaged by tenants to secure loans, and to interim protection in recovery certificate execution.
What did the court decide?
Ad-interim relief granted in terms of prayer clause (d) of the petition until further orders; notice issued to Respondents returnable after 8 weeks (learned AGP waived service for Respondent No.1, Mr. Thakur for Respondent No.2, court notice to remaining Respondents); matter stood over to 23rd February 2026.