Vaishali Santosh Gangurde vs Nilima Bhaurao Khadtale And Others
2026 Latest Caselaw 1729 Bom

Bombay High Court

Vaishali Santosh Gangurde vs Nilima Bhaurao Khadtale And Others on 16 February, 2026

Author: Milind N. Jadhav

Bench: Milind N. Jadhav

                                                                                          P2.AOST.4180.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION


                                APPEAL FROM ORDER (ST.) NO.4180 OF 2026

              Vaishali Santosh Gangurde                                                  Appellant
                                                                                      .. (Original Plaintiff)
                        Versus
              Nilima Bhaurao Khadtale and Ors.                                           Respondents
                                                                                      .. (Orig. Defendants)
                                                          ....................

               Mr. G. S. Bhatt, Advocate for Appellant.
               Mr. Tushar V. Dahibawkar, Advocate i/by Ms. Dahibawkar for
                Respondent Nos.5 and 6.
                                                          ...................

                                                         CORAM : MILIND N. JADHAV, J.

                                                         DATE          : FEBRUARY 16, 2026
              P.C.:

1. Not on Board. Mentioned by way of filing praecipe dated

16.02.2026. Perused the praecipe.

2. Heard Mr. Bhatt, learned Advocate for Appellant and Mr.

Dahibawkar, learned Advocate for Respondent Nos.5 and 6.

3. The short point involved in the present matter is with respect

to entitlement of transit rent by Occupant of the premises. Appellant

who is the original Plaintiff is the occupant admittedly according to Mr.

Bhatt. However private Respondent No.1 is her sister who claims

entitlement to the subject premises by virtue of bequeathal from the

father to her. Private Respondent Nos.2 and 3 are two other sisters

who are not opposing the claim of Plaintiff's sister as informed by Mr.

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Bhatt.

4. In terms of decisions of this Division Bench of this Court in

the cases of Ritesh Haldar Vs. Elite Housing LLP and Ors. 1 and Vipul

Fatehchand Shah Vs. Nav Samir Cooperative Housing Society and Ors.2

transit rent would be payable to the person from whose possession the

premises would be taken by the Developer / Society.

5. Exigency expressed by Mr. Bhat is that Developer and

Society have called upon the occupant daughter to vacate the room for

redevelopment which is in dilapidated condition as informed.

Developer is represented by Mr. Dahibawkar. He is added as

Respondent No.5 in present Appeal from Order. His consent has

already been recorded by learned Trial Court in the impugned order

itself as he is ready and willing to deposit the amount in Court. The

benefit is fourfold namely transit rent; corpus and brokerage and

ultimately redeveloped premises. Out of these four elements, the

occupant namely Plaintiff would be entitled to the transit rent and

brokerage at this stage since she is in occupation. Corpus amount

undoubtedly would be deposited in Court and Court can pass

appropriate orders in accordance with law. Regarding redveloped

premises, it can be subject to the outcome of the Suit.

1 Commercial Arbitration Appeal (L) No.14486 of 2025 decided on 24.06.2025. 2 Commercial Appeal (L) No.25162 of 2023 decided on 06.10.2023.

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6. Considering status of the chawl and exigency which is

substantiated by documentation appended to the Appeal from Order,

the order impugned in the present Appeal from Order dated

02.02.2026 is prima facie not sustainable. In such exigency giving a

long rope of time until and unless Affidavits-in-Reply are filed by the

contesting sisters cannot be countenanced. The decision will have to

be taken in accordance with law at the earliest due to intervention by

the developer in the interest of redevelopment.

7. Hence, one final opportunity is given to Defendant Nos.1 to

3 to appear and apprise this Court about their objections. Mr. Bhat

would submit that Respondent Nos.2 and 3 are not contesting.

8. Be that as it may, one final opportunity is granted to them to

apprise the Court on the next adjourned date. If they do not inform

the Court, this Court shall pass appropriate orders in accordance with

the settled law in this Court.

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

Appeal from Order forthwith and inform about the next date of

hearing by any permissible mode of service and file appropriate

affidavit of service with tangible proof thereof.

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11. Stand over to 23rd February 2026. To be placed under the

caption 'First on Board'.

12. Praecipe is disposed.

H. H. SAWANT                                              [ MILIND N. JADHAV, J. ]


                HARSHADA by HARSHADA
                         HANUMANT
                HANUMANT SAWANT
                SAWANT   Date: 2026.02.16
                             18:14:53 +0530




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