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Bombay High Court
Raheja Homes Builders Developers vs Limelight Co Operative Housing Society ... on 1 April, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
28.IAL.8870.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.8870 OF 2026
IN
SUIT (L) NO.8865 OF 2026
Chicky Brown (alias K.P. Singh) .. Applicant
IN THE MATTER BETWEEN
Chicky Brown (alias K.P. Singh) Applicant (Orig.
.. Plaintiff)
Versus
Vijay Raju Kumar and Ors. .. Defendants
....................
Mr. Kunal Dwarkadas, Mr. Rahul Deshpande, Mr. Parag Sharma,
Ms. Parichehr Zaiwalla, Ms. Ishita Desai, Advocates i/by BLAC Co.
for Applicant / Plaintiff.
Mr. Sandeep D. Shinde, Advocate i/by Mr. Mrunal Pandya for
Defendant No.4.
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 01, 2026
P.C.:
1. Heard Mr. Dwarkadas, learned Advocate for Applicant /
Plaintiff and Mr. Shinde, learned Advocate for Defendant No.4.
2. At the outset, in the gross facts and circumstances of present
case and in the exigency mentioned by Mr. Dwarkadas, the
Cooperative Housing Society in which the Suit flat is situated is
permitted to be impleaded as party - Defendant in the suit
proceedings. Considering the lis in the matter the request made by Mr.
Dwarkadas for impleadment stands allowed. The Cooperative Housing
Society be impleaded as Defendant in the suit proceedings. Necessary
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28.IAL.8870.2026.doc
amendment is permitted to be carried out within a period of one week
from today. Reverification stands dispensed with. Department shall
allow the same to be complied with.
3. Mr. Dwarkadas draws my attention to the averments made
in the Suit plaint in paragraph No.43 onwards which are prima facie
backed by substantive documents which are appended to the suit
plaint, inter alia, with respect to actions of Defendant Nos.1 and 2 in
seeking entitlement to the suit flat of the Plaintiff by fraudulent means.
The representation by said Defendant Nos.1 and 2 to the Bank and
steps taken by the Bank for execution and registration of the Mortgage
of the suit flat have all been documented notwithstanding the fact that
the Plaintiff is in possession of the suit flat since inception i.e. from the
year date of purchase - 1988 till date. Mr. Dwarkadas would submit
that Plaintiff has been paying the maintainence and taxes of the
Society all throughout from the year 1988, till today.
4. He would submit that Defendant Nos. 1 and 2 made
Application for borrowing from the Bank impersonating on behalf of
Plaintiff in the year 2008 and deposited Title Deeds for availing the
loan. However, Plaintiff is completely unaware about the same.
5. Submission are also made by Mr. Dwarkadas on the veracity
of the documents relied upon by Defendant Nos. 1 and 2 of the flat for
securing the loan, which prima facie according to Plaintiff are forged
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and fabricated. Some of these documents are issued by the Society.
There are two sets of rival Share Certificates. Hence Society is
impleaded as Defendant and is expected to clarify the position.
6. In view of the gross facts in the present case which are
delineated in paragraph Nos.43 to 68 of the Suit Plaint and after
perusing the documentary evidence, inter alia, with respect to different
Share Certificate produced by Defendants contrary to the share
certificate produced by Plaintiff and the Mortgage Deed, several
questions arise for seeking an answer including that of due diligence of
the concerned Bank while executing the mortgage.
7. Hence, issue notice to Defendants.
8. Humdast permitted. In addition to Court's notice, Applicant /
Plaintiff is directed to serve the Defendants a copy of this order,
amended Suit and Interim Application and inform about the next date
of hearing by any permissible mode of service and file appropriate
affidavit of service with tangible proof thereof.
9. Defendants are directed to file their Reply within a period of
two weeks from today and serve copy of the same in advance.
Rejoinder, if any to be filed within a week thereafter.
10. In view of the aforesaid reasons, ad-interim relief is granted
in terms of prayer clauses (c) and (d) of the Interim Application.
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11. Mr. Dwarkadas persuades the Court that in the facts of the
present case, the licensee inducted by Plaintiff was occupying the flat
and he has vacated the same. He would submit that the said flat was
the only means of livelihood and income for the Plaintiff and the
Plaintiff's livelihood was dependent upon the licensee fee which she
received after letting the said flat on leave and license. He therefore
persuades the Court to grant prayer clause (b) also. The request made
by Mr. Dwarkadas shall be considered on the next adjourned date.
12. Defendants shall enter their appearance either through
themselves or through Pleaders and file their Reply and apprise the
Court about the same on the next adjourned date.
13. Stand over to 22nd April 2026.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.04.01
20:05:10 +0530
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