Mr. Bobby Mukherjee And Anr vs Satinder Singh Bachher And Ors
2026 Latest Caselaw 3151 Bom

Citation : 2026 Latest Caselaw 3151 Bom
Judgement Date : 27 March, 2026

[Cites 0, Cited by 0]

Bombay High Court

Mr. Bobby Mukherjee And Anr vs Satinder Singh Bachher And Ors on 27 March, 2026

Author: Milind N. Jadhav

Bench: Milind N. Jadhav

2026:BHC-AS:14828
                                                                                   901.AO.306.2026.doc

  Ajay

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                  APPEAL FROM ORDER NO. 306 OF 2026
                                                WITH
                                 INTERIM APPLICATION NO. 2131 OF 2026
                                                  IN
                                  APPEAL FROM ORDER NO. 306 OF 2026

             Bobby Mukherjee and Anr.                                       .. Appellants
                  Versus
             Satinder Singh Bachher and Ors.                                .. Respondents
                                        ....................
              Mr. Aadil Parsurampuria a/w. Mr. Rohit Jadhav and Ms. Aishwarya
               Bapat, Advocates i/by Vis Legis Law Practice for Appellants /
               Applicants.
              Mr. Sean Wassoodew a/w. Ms. Ashna Shah, Advocates for
               Respondent Nos.1 and 2.
              Mr. Dinesh Parmar, Advocate for Respondent No.4.
                                                 ....................
                                                     CORAM            : MILIND N. JADHAV, J.

                                                     DATE             : MARCH 27, 2026.
             P.C.:

1. Heard Mr. Parsurampuria, learned Advocate for Appellants /

Applicants; Mr. Wassoodew, learned Advocate for Respondent Nos.1

and Mr. Parmar, learned Advocate for Respondent No.4.

2. The present Appeal From Order challenges an order dated 9 th

February 2026 passed by the learned City Civil Court at Greater

Mumbai in Notice of Motion No.3359 of 2024 ordering and directing

as under:-

(i) Notice of Motion No.3359 of 2024 in Suit No.4987 of

2007 is partly allowed;

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(ii) Defendant Nos.3 and 4 are directed not to handover

physical possession and/or keys of flat Nos.132 and 133

on the 13th Floor, 'C' Wing, allotted in lieu of suit flat

No. B-79/778, to Defendant Nos.1 and 2 until further

orders;

(iii) Defendant No.4 shall deposit the keys of the said flats

with the Registry of this Court within four weeks from

the date the possession is offered / ready and shall file

compliance report;

(iv) Defendant No.3 Society is restrained from paying over

the corpus amount to Defendant Nos.1 and 2 and is

directed to deposit the corpus amounts pertaining to the

suit flat with the Registry of this Court within four

weeks from the date the same becomes

payable/releasable;

(v) Defendant Nos.1 and 2 are restrained from in any

manner selling, alienating, transferring, assigning,

letting, leasing, encumbering or creating any third-party

rights in respect of the said flats allotted in lieu of suit

flat No. B-79/778, until further orders;

(vi) Prayer for appointment of Court Receiver is refused at

this stage;

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(vii) Costs in cause;

(viii) Notice of Motion No.3359 of 2024 in Suit No.4987 of

2007 is disposed of accordingly.

3. After hearing the parties for some time, the impugned order

dated 9th February 2026 is modified as under with the consent of both

the parties:-

a. Respondent Nos.3 and 4 shall hand over possession of

the New Flat Nos.132 and 133 to the Appellants herein

and pay over the pending rental under the

redevelopment to the Appellants herein;

b. So far as corpus amounts under clause 19(g) of the

agreement are concerned, the same shall be paid to the

Society subject to the outcome of the Suit;

c. It is clarified that the handing over of the New Flats and

the payment of the rental amounts and other monetary

benefits does not in any manner affect the rights of the

parties in the Suit and the same is subject to the

outcome of the Suit;

d. As far as operative clause (v) of the impugned order

dated 9th February 2026 is concerned, the same shall

remain unaltered.

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4. It is mutually agreed between the parties that the following

additional issue is framed in the Suit:-

i. Whether the Plaintiffs prove that Plaintiffs are entitled

to the Corpus payable in respect of the suit flat/New

Flats?

5. All issues between Appellants and Respondents including of

possession of the new flats and claim over monetary benefits on

account of the redevelopment shall be decided by the learned City Civil

Court in Suit No.4987 of 2007.

6. Given the Suit is pending since almost 19 years, hearing of

Suit No.4987 of 2007 stands expedited and the learned City Civil Court

is requested to dispose of the same as expeditiously as possible and in

any case within 4 months from receipt of this order.

7. The parties shall cooperate to ensure that the

aforementioned time-limit is strictly adhered to and shall not seek

adjournment unless absolutely necessary.

8. Appeal From Order stands disposed in the above terms.

9. Pending Interim Application No.2131 of 2026 does not

survive and stands disposed.



                                                                                 [ MILIND N. JADHAV, J. ]

       Ajay


AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date:
           2026.03.27
           17:10:22 +0530                                                                                       4 of 4