Kunti Deep Co-Operative Housing ... vs Pannaben P. Monani And Another
2026 Latest Caselaw 1763 Bom

Bombay High Court

Kunti Deep Co-Operative Housing ... vs Pannaben P. Monani And Another on 16 February, 2026

Author: Milind N. Jadhav

Bench: Milind N. Jadhav

2026:BHC-AS:7939
                                                                                      13.AO.43.2026.doc

  Ajay

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                   APPEAL FROM ORDER NO. 43 OF 2026

             Kunti Deep Co-operative Housing                       Society      Appellant / Orig.
             Limited                                                         .. Defendant No.2
                   Versus
             Pannaben P. Monani and Anr.                                     .. Respondents
                                         ....................
              Mr. Rohan Savant a/w. Dr. Ish Jain, Mr. Soham Bhagwat,
               Advocates i/by Kiran Jain & Co. for Appellant.
              Mr. Dhruva Gandhi a/w. Mr. Nikhil Wable and Ms. Vishakha
               Ghokhani, Advocates i/by Jayakar & Partners for Respondent No.1.
              Mr. Sachin Vajale, Advocate for Respondent No.2 - BMC.
                                                  ....................

                                                      CORAM            : MILIND N. JADHAV, J.

                                                      DATE             : FEBRUARY 16, 2026.

             P.C.:

1. Heard Mr. Savant, learned Advocate for Appellant; Mr.

Gandhi, learned Advocate for Respondent No.1 and Mr. Vajale, learned

Advocate for Respondent No.2 - BMC.

2. On 12.01.2026, after hearing the learned Advocate for

Appellant and Mr. Vajale, the following order was passed:-

"1. Heard Mr. Savant, learned Advocate for Appellant - Org. Defendant No. 2 and Mr. Vajale, learned Advocate for Respondent No. 2 - Org. Defendant No. 1.

2. Considering that the suit structure has already been demolished as recorded in the previous order passed by the learned Trial Court and the fact that Court has kept the substantive right of the occupant of the notice structure open, the impugned order is prima facie infructuous. In that view of the matte, the status quo which is operating hurts the prospectus of Appellant Society and further redevelopment and hence it deserves to be stayed. Hence, it is stayed.

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3. In view of the above, issue notice to the Respondents made returnable on 12.02.2026. Humdast permitted. In addition to Court's notice, Appellant is directed to serve copy of the AO along with copy of this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date.

4. After receiving the notice, Respondents to file affidavit-in- reply on or before the next date, if so desired with an advance copy to the Advocate for Appellant.

5. Stand over to 12th February, 2026 under the caption "for passing Orders"."

3. Present Appeal From Order can be disposed of by the

following order.

4. Learned Advocate draws my attention to the impugned order

appended at page No.183 of the Appeal From Order passed in Suit

No.563 of 2015 allowing order in Chamber Summons No.284 of 2015

therein. The Society is aggrieved with the remark passed in paragraph

No.4 of the order in Chamber Summons which states that 'Earlier

order, if any, to continue till next date'. Mr. Savant would construe the

same to be the order of status quo which would hamper further

redevelopment of the Society. He would submit that because of this

order, the Society is unable to proceed with further redevelopment

thereby jeopardizing the rights of eligible members.

5. In so far as original Plaintiff who is private Respondent

before me is concerned, the learned Trial Court has primarily while

passing the said order kept all his rights expressly open and has also

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given an imprimatur which is clear from the reading of the order that

Plaintiff was in possession of the suit premises. Admittedly the suit

premises have now been demolished for redevelopment. The learned

Trial Court has also opined that the Society which is duly represented

by Mr. Savant before me had shown its willingness to see the

possibility of providing accommodation to the Plaintiff in the

redevelopment project.

6. Equally, there is a direction to the Corporation given by the

learned Trial Court that it shall reconsider at the earliest within three

months the structure area of Plaintiff for providing additional FSI /

DDR considering the commercial activity of Plaintiff which the Plaintiff

was carrying on in the said premises in order to accommodate the

Plaintiff in redevelopment. Fructification of this order is required to be

carried out at the behest of the Plaintiff. However, the order which

states that earlier order, if any, to continue stands set aside in the

above facts since there cannot be an embargo on Defendant No.2 -

Society to go ahead with redevelopment.

7. It is clarified that there is no order of status quo which does

not enable the Society to proceed with further redevelopment.

However the same will be subject to the right of Plaintiff as directed by

the learned Trial Court. If Plaintiff chooses to exercise her rights, she is

free to make such Application to the Corporation and if so made the

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same shall be determined by the Corporation in accordance with law

as directed by the learned Trial Court.

8. In view of the above, Appeal From Order is disposed.

                                                                              [ MILIND N. JADHAV, J. ]

          Ajay


AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.02.16
              18:56:19 +0530




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