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Bombay High Court
Abdul Latif Mohammed Abbas Ansari vs Farzana Khadid Mirza And Ors. on 30 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-AS:15128
4. AO-319-2026.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 319 OF 2026
WITH
INTERIM APPLICATION NO. 2346 OF 2026
Abdul Latif Mohammed Abbas Ansari Appellant
.. (Org. Plaintiff)
Versus
Farzana Khalid Mirza & Ors. Respondents
.. (Org. Defendants)
....................
Mr. Jitendra B. Mishra a/w Mr. Ashutosh Mishra & Mr. Rupesh
Dubey i/by Ms. Nilu Mishra, Advocates for Appellant
Mr. Abdul Rab Shaikh, Advocate for Respondent Nos. 1 and 2
Mr. Sanjeel Kadam a/w Ms. Soham Salvi i/by M/s. Kadam & Co.,
Advocates for Respondent No. 4,
Mr. Darshil Thakkar a/w Ms. Sonam Mhatre i/by M/s. Dhaval
Vussonji & Associates, Advocates for Respondent No. 5
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 30, 2026
P. C.:
1. Heard Mr. Mishra, learned Advocate for Appellant; Mr. Shaikh,
learned Advocate for Respondent Nos. 1 and 2; Mr. Kadam, learned
Advocate for Respondent No. 4 and Mr. Thakkar, learned Advocate for
Respondent No. 5.
2. Parties have reconciled their dispute and filed Consent Terms
dated 30.03.2026. Consent Terms are signed by Appellant,
Respondent Nos. and 2 and their respective Advocates. Parties
executing the Consent Terms are present before this Court and have
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been duly identified by the respective learned Advocates. They
confirm execution of the of the Consent Terms. Consent Terms are
running into 4 pages. For the purpose of reference and convenience,
Consent Terms are scanned and reproduced below:-
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3. All rights and obligations mentioned in the Consent Terms qua
the respective parties are taken as undertaking given to the Court and
parties shall abide by the same.
4. This Court appreciates the efforts put in by Mr. Mishra and Mr.
Shaikh, both the learned Advocates in resolving the issue considering
the fact that the present matter was contested with great hostility
previously.
5. Parties have decided that Appellant / Plaintiff shall be entitled
to 2/3rd share whereas Respondent Nos. 1 and 2 i.e. Defendant Nos. 1
and 2 shall be entitled to 1/3rd share in all rights, liabilities and
benefits of the tenancy / entitlement and the ongoing redevelopment
in the project in respect of Room No. 52, 2nd Floor, B.I.T. Chawl No. 1,
Opp. Jhula Maidan, Madhavrao Gangan Marg, Agripada, Mumbai -
400 011.
6. Both the learned Advocates - Mr. Mishra and Mr. Shaikh
persuades the Court to pass further directions so that there is no
ambiguity as also the fact that private Respondents are not left at the
mercy of the Developer. I agree with the submissions made by both
the learned Advocates. I am informed by Mr. Mishra that possession of
the suit room No. 12 has already been handed over to the Corporation
Officer in the last week and the same has been vacated by the Plaintiff
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altogether. Plaintiff has thereafter shifted to Neral. He would submit
that water connection and electricity supply has been disconnected by
the Corporation acting on the basis of Division Bench order and
therefore the vacant possession of the suit fat has already been handed
over to the Corporation.
7. Mr. Kadam and Mr. Thakkar, learned Advocates represents the
Developers. They would submit that to their knowledge they are not
aware whether possession of the suit flat is handed over. Be that as it
may, both the learned Advocates are directed to take inspection and
accordingly if there is any difficulty apprise the Court about the same.
If the possession has been handed over to the Corporation, issue of
redevelopment stands concluded in view of the Consent Terms.
8. In view of the above and adhering to the request made by Mr.
Mishra and Mr. Shaikh, it would be appropriate if directions are passed
by this Court to give the transit rent to the Plaintiff and Defendant
Nos. 1 and 2 separately in view of the Consent Terms arrived at
between them. Hence it is directed that Developers shall give cheque
for transit rent in denomination of 2/3rd share to the Plaintiff and
1/3rd share to Defendant Nos. 1 & 2.
9. Notice dated 23.03.2026 is placed before me. This is a notice
issued by Corporation. It states that transit rent of Rs. 30,000/- will be
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paid in respect of room No. 52. Said notice states that Developer shall
pay upfront transit rent for 18 months. In view of this, cheque for 18
months for Rs. 3,60,000/- shall be paid to the Plaintiff whereas cheque
for Rs. 1,80,000/- shall be paid to Defendant Nos. 1 & 2 directly in the
name of either or both to be deposited in their joint account.
Thereafter from 19th month onwards upto the 42nd month, when
redevelopment is to be completed whatever terms and conditions that
would be applicable for payment with escalation of transit rent, the
same shall also be paid in the same manner as directed herein above
to the parties.
10. Needless to state that PAAA shall be executed forthwith by the
Developer and the draft thereof will be shared by the Developer with
both the parties forthwith. At the request made by learned Advocate
for Developer, if the said draft is approved by the parties, Developer
shall execute and register the said PAAA within a period of two weeks
from the date of agreement and both parties shall be entitled to be
aforementioned shares namely 2/3rd to Plaintiff and 1/3rd jointly to
Defendant Nos. 1 and 2.
11. In view of the above, entire Suit proceedings would become
infructuous before Trial Court and shall be withdrawn by the Plaintiff
which is agreed.
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12. Order in terms of the Consent Terms.
13. All contentions of parties are kept open.
14. Present Appeal from Order and Interim Application are disposed
accordingly.
15. Liberty to apply.
16. Refund of Court fees, if any, as per rules.
17. All parties to act on a server copy of this order downloaded
from Bombay High Court website.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN Date:
AMBERKAR 2026.03.30
18:23:18
+0530
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