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Bombay High Court
Sheela Subhash Desai vs Ranjana N Mestry on 26 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P14. IAL-10878-2026.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
INTERIM APPLICATION (L) NO. 10878 OF 2026
IN
SUIT NO. 202 OF 2025
Sheela Subhash Desai & Anr. Applicants
.. (Org. Plaintiffs)
Versus
Ranjana N. Mestry & Anr. Respondents
.. (Org. Defendants)
....................
Ms. Yogita Deshmukh-Chitnis, Advocates for Applicants
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 26, 2026
P. C.:
1. Not on board. Mentioned at the time of rising in view of the
grave exigency.
2. Heard Ms. Deshmukh-Chitnis, learned Advocate for Applicants /
Plaintiffs.
3. Present Suit is filed in the year 2024 and registered in 2025 by
the Plaintiffs seeking declaratory reliefs in respect of entitlement to the
second and third floor of the building. Suit premises are situated on
2nd and 3rd floor of the building named "Shree Swami" in Abhinav
Nagar, Borivali (E), Mumbai. Ground and 1st floor of the building has
been sold by mother-in-law of Applicant No. 1 to some third party
called Ms. Ranjana N. Mestry. Ms. Deshmukh-Chitnis, learned
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P14. IAL-10878-2026.odt
Advocate for Applicants would inform the Court that in the said sale
deed insofar as the right of Applicants to reside on the 2nd and 3rd
floors is concerned, same stands preserved. She would submit that on
26.02.2026, said purchaser of the property of the ground and 1st floor
locked the water pump room thereby stopping the water supply to the
2nd and 3rd floor and due to this Applicants / Plaintiffs are without
water supply since then and are not receiving any water supply from
07.03.2026 till today. She would submit that Plaintiffs took immediate
steps by informing the Police who did not take any action. Copy of the
Police complaints dated 26.02.2026, 07.03.2026 and 08.03.2026 are
placed before me. She would submit that no steps have been taken by
the Police to restore the water supply which is a high handed action by
4. She would submit that Applicant No. 1 is a 82 year old lady
residing on the 2nd and 3rd floor along with her son having a four
month old daughter. She would submit that Police have not taken any
cognizance or action. She would submit that Plaintiffs are under threat
of harassment from said purchaser to give up their right on the 2nd
and 3rd floor. Be that as it may, at this stage what is of grave concern
and as argued before the Court is the fact that no citizen of the Society
can take law into his / her hands and cause nuisance and detriment to
the other citizen. The fact of locking of pump room by the said
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Defendant No. 1 and depriving supply of water which is an essential
need and necessity is prima facie shocking. This Court is stepping in
such a situation because complete helplessness is expressed by the
Plaintiffs' Advocate. Such a situation should rather never arise. Court
cannot be a silent spectator if the above situation has arisen.
5. The subject property falls withing the jurisdiction of Dahisar
Police Station. Senior Inspector of Dahisar Police Station is directed to
take cognizance of this order and the complaints which are alluded to
herein above filed by Plaintiffs with regard to the subject matter
therein and take immediate steps to redress the grievance of the
Plaintiffs and remove the lock from the pump room if it is so put by
the Defendant No. 1.
6. Insofar as the dispute with regard to the entitlement and Suit
proceedings is concerned, same stands on a completely different
footing and will be decided on their own merit.
7. Senior Police Inspector of Dahisar Police Station is therefore
directed to act on a server copy of this order forthwith by deputing
responsible officers along with lady officer to ensure that the water
supply stands restored to the 2nd and 3rd floor of the subject
structure to the Plaintiffs and the pump room is opened forthwith
today itself and is operated by all the concerned parties living in the
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suit structure for the benefit of all the parties including that of the
Defendants without any party restricting or stopping water supply to
the other party and that the Plaintiffs will also have access to the
water pump room.
8. All contentions of Defendants shall be expressly kept open
otherwise subject to the aforesaid order being strictly followed and
implemented by the Defendants.
9. Senior Police Inspector of Dahisar Police Station is directed to
ensure that this order is complied with and appropriate report is made
to the Court about its compliance on 30.03.2026 at 11.00 a.m.. He is
to act on a server copy of this order which shall be presented before
him by Applicant No. 2 and he shall act forthwith on the same.
10. Copy of the Interim Application has already been served on the
Defendants. They are directed to file affidavit-in-reply to the Interim
Application.
11. Principal prayer in the Interim Application is that lock have been
put forcibly on the water pump room by Defendant No. 1. Senior
Police Inspector of Dahisar Police Station shall ensure that said lock is
removed and water supply is restored forthwith to the 2nd and 3rd
floor.
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12. List the matter for compliance of this order on 30th March, 2026
under the caption "for Compliance".
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN Date:
AMBERKAR 2026.03.26
19:41:29
+0530
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