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Bombay High Court
Galaxy Developers Thr. Its Sole ... vs Shakuntala Jutty Shetty Thr. Its C.A. ... on 2 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P3.AOST.3043.2026+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST.) NO.3043 OF 2026
WITH
INTERIM APPLICATION (ST.) NO.3045 OF 2026
Galaxy Developers Appellant/
.. (Original Defendant No.2)
Versus
Shakuntala Jutty Shetty and Ors. .. Respondents
....................
Mr. Gaurav Mehta a/w. Ms. Shreema Doshi and Ms. Sharanya
Mahimtura, Advocates i/by Lexicon Law Partners for Appellant.
Mr. Rohan Surve, Advocate for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 02, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
02.02.2026. Perused the praecipe.
2. Heard Mr. Mehta, learned Advocate for Appellant and Mr.
Surve, learned Advocate for Respondent.
3. By virtue of the order dated 02.07.2025 passed below Notice
of Motion No.3100 of 2024 appended at Exhibit-B, page No.19 to the
Interim Application, learned Trial Court disposed Notice of Motion at
ad-interim stage allowing the same in terms of prayer clauses (a) and
(e) thereof.
4. The prayer clause (e) if seen from page No.176 of the Appeal
from Order directs Defendant No.2 to provide all services including
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P3.AOST.3043.2026+.doc
corpus, transit, accommodation charge, brokerage, etc. without
discrimination like any other commercial premises holder in
redevelopment to the Plaintiff. The said order was challenged in
review proceedings by Defendant No.2 unsuccessfully and order in
review dated 27.01.2026 in Notice of Motion No.216 of 26026 came to
be passed which is appended at page No.12 to the Interim Application.
5. Mr. Mehta has drawn my attention to the order dated
29.07.2024 passed in Writ Petition No.10467 of 2024 appended at
Exhibit-C, page No.25 to the Interim Application by this Court which
was filed by Plaintiff as Petitioner therein wherein in paragraph No.6,
this Court has held that there was dichotomy expressed by Petitioner's
Advocate that Plaintiff had admittedly purchased the suit flat in the
year 1970 as residential flat as per the documentary evidence made
available at the inception stage but subsequently he started using the
same for conducting hotel business i.e. commercial user. This Court
expressed that Plaintiff may have applied to the Corporation and got
the permission for change of user and thereafter may have applied to
statutory Authority for consideration of his occupation as commercial.
6. However that would be subject to the decision of the Trial
Court in the suit proceedings filed by Plaintiff. The Suit is pending
before the learned Trial Court.
7. In that view of the matter, grievance is made by Defendant
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No.2 that grant of prayer clause (e) at interim stage directing
Defendant No.2 directing to provide all services including corpus,
transit, accommodation charge, brokerage, etc. without any
discrimination like any other commercial premises holder in
redevelopment to the Plaintiff would amount to grant of final relief
before the same is proved by Plaintiff in trial.
8. An arguable case has been made out by Mr. Mehta for stay of
twin orders dated 02.07.2025 and 27.01.2026
9. Hence, issue notice to Respondents.
10. Humdast permitted. In addition to Court's notice, Appellant
is directed to serve the Respondents a copy of this order and copy of
Interim Application and Appeal from Order and inform about the next
date of hearing by any permissible mode of service and file appropriate
affidavit of service with tangible proof thereof.
11. Respondents shall file their Affidavit-in-Reply within a period
of one week from today. Affidavit-in-Rejoinder, if any, to be filed
within a week thereafter.
12. Stand over to 16th February, 2026.
13. Praecipe is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by
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HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.02.02
16:32:11 +0530
