Disposed¶29

Nayana Mevada and 2 Ors. v. Mig(Bandra) Realtors and Builders Pvt. Ltd. and 9 Ors.

Bombay HC8 Jan 2026IA/5153/2025

Case brief

AI extract

What is this about?

Bombay High Court; Arif S. Doctor; IA 5153 of 2025 in Suit 756 of 2015; Nayana Mevada; Mig(bandra) Realtors And Builders; redevelopment; Flat D19/164; units B9/6/A and B9/6/B; Letter of Allotment 20.11.2015; hardship compensation; temporary alternative accommodation; Notice of Motion (L.) 2046 of 2015; Suit (L.) 758 of 2015; orders of 06.08.2015, 10.08.2015, 19.08.2015; applicant admittedly a defendant; application withdrawn; disposed of with liberty to pursue appropriate proceedings; no merits decision.

What did the court decide?

Liberty to withdraw the Interim Application and adopt appropriate proceedings, granted as prayed for by the Applicants. ¶29

Nayana Mevada and 2 Ors. vs Mig(Bandra) Realtors and Builders Pvt. Ltd. and 9 Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the Interim Application and adopt appropriate proceedings, granted as prayed for by the Applicants.

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Issue for consideration

Whether an Applicant who is admittedly a Defendant in the Suit could sustain an Interim Application praying for (a) compliance with the orders dated 06.08.2015, 10.08.2015 and 19.08.2015 passed in Notice of Motion (L.) No. 2046 of 2015 in Suit (L.) No. 758 of 2015, (b) construction of dwelling units B9/6/A and B9/6/B in lieu of old Flat No. D19/164 per the Letter of Allotment dated 20.11.2015, (c) payment by Defendant No. 1 of pending hardship compensation and/or temporary-alternative-accommodation compensation, and (d) handover of vacant and peaceful possession of the allotted units.

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Court's answer

Upon learned counsel for the Applicants seeking leave to withdraw the Interim Application with liberty to adopt appropriate proceedings, the Court disposed of the Interim Application and granted the liberty as prayed for; no ruling was made on the merits of the prayers.

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Detailed headnote1 paragraphs

Bombay High Court (O.O.C.J.), Arif S. Doctor, J.; Interim Application No. 5153 of 2025 in Suit No. 756 of 2015, Nayana Mevada And Ors (Applicants) v. Mig(bandra) Realtors And Builders Pvt Ltd And Ors (Defendants), decided 21 January 2026. The Applicants — admittedly Defendants in the Suit — sought directions that the plaintiff and Defendant No. 1 comply with the orders dated 06.08.2015, 10.08.2015 and 19.08.2015 passed in Notice of Motion (L.) No. 2046 of 2015 in Suit (L.) No. 758 of 2015; that the plaintiff construct dwelling units B9/6/A and B9/6/B in lieu of old Flat No. D19/164 per Letter of Allotment dated 20.11.2015 and hand over vacant possession thereof; and that Defendant No. 1 pay pending hardship compensation and/or compensation towards temporary alternative accommodation for delay in providing permanent alternate accommodation. After argument, the Court questioned how an Applicant admittedly a Defendant could sustain such an Application; learned counsel sought leave to withdraw with liberty to adopt appropriate proceedings. The Interim Application was disposed of and the liberty granted. No merits ruling recorded; no statute or precedent engaged.

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123-IA-5153-2025 (OS).DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO. 5153 OF 2025

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SUIT NO. 756 OF 2015

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Nayana Mevada And Ors

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...Applicants

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Versus

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Mig(bandra) Realtors And Builders Pvt Ltd And Ors

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...Defendants

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Mr. Ankur Jain a/w Sanjay Yadav for Applicants.

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Mr. Hasan Mushabber i/b Negandhi Shah & Himayatullah for Plaintiff.

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Mr. Karan Jakhar i/b LJ Law for Defendant No. 1-Society.

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CORAM : ARIF S. DOCTOR, J. DATE : 21st JANUARY, 2026

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P.C.

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After arguing this Interim Application at some length, learned counsel for

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the Applicant was asked to justify as to how a Applicant, who is admittedly the Defendant in a Suit would sustain an Application with the following prayers:

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“a. That this Hon'ble Court be graciously pleased to direct the plaintiff and Defendant No. 1 to comply with the order dated 06.08.2015, 10.08.2015 and 19.08.2015 passed in Notice of Motion (L.) No. 2046 of 2015 in Suit (L.) No. 758 of 2015;

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b. That this Hon'ble Court be graciously pleased to direct the plaintiff to construct 2 dwelling unit bearing no. B9/6/A and B9/6/B in lieu of the old Flat No. D19/164 as per Letter of Allotment dated 20.11.2015;

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c. That this Hon'ble Court be graciously pleased to direct the Defendant No.1 to pay the pending hardship compensation and/or compensation

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Areeb

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123-IA-5153-2025 (OS).DOC

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2/2

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towards temporary alternative accommodation for delay in providing permanent accommodation. alternate

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d. That this Hon'ble Court be graciously pleased to direct the Defendant No.1 to handover the vacant and peaceful possession of the flat No. B9/6/A and B9/6/B in lieu of the old Flat No. D19/164 as per Letter of Allotment dated 20.11.2015;

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d. That interim and ad-interim reliefs in terms of prayers (a) to (c) above;”

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Learned counsel for the Applicants then sought leave to withdraw the Application with liberty to adopt appropriate proceedings.

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The Interim Application is accordingly disposed of. The liberty as prayed for is granted.

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Areeb

Nayana Mevada and 2 Ors. v. Mig(Bandra) Realtors and Builders Pvt. Ltd. and 9 Ors.

Case brief

What is this about?

What did the court decide?

Nayana Mevada and 2 Ors. v. Mig(Bandra) Realtors and Builders Pvt. Ltd. and 9 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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