Shri. Murali S/O. Ramesh Mathane And ... vs Shri. Gautam Guru Rameshpuri
2026 Latest Caselaw 4922 Bom

Bombay High Court

Shri. Murali S/O. Ramesh Mathane And ... vs Shri. Gautam Guru Rameshpuri on 12 May, 2026

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR

                                     WRIT PETITION NO. 4125 of 2026
          (Shri Murali s/o Ramesh Mathane and anr Vs. Shri Gautam Guru Rameshpuri)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions                                       Court's or Judge's orders.
and Registrar's Orders.
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                       Mr. S.A. Mohta, Advocate for appellant.

                        CORAM: RAJNISH R. VYAS, J.
                        DATE: 12.05.2026


                                          Heard.

                        2.                The petitioners are the original plaintiffs and
                        respondent is original defendant.                                  The petitioners are the
                        lessee whereas the respondent is lessor. Regular Civil Suit No.
                        135/2023 was filed by the petitioners against the respondent
                        for declaration and perpetual injunction.                                       The learned trial
                        Court, vide its order dated 28.7.2023, restrained the
                        defendant/lessor from interfering with the possession of the
                        petitioners during pendency of the suit. The said order was
                        taken exception at the behest of respondent in Misc. Civil
                        Appeal No. 147/2023 which came to be allowed by the
                        learned Appellate Court on 8.5.2026.


                        3.                The learned counsel for the petitioners has
                        submitted that the suit property was received by him as a
                        lessee through lease deed duly registered on 17.1.2001 which
                        was for a period of 99 years.                                    He submits that as the
                        petitioners are in possession of the property, they would suffer
                        irreparable loss and injury if the order passed by the Appellate
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                   Court is allowed to stand. Since, the injunction was in favour
                   of the petitioners during pendency of the suit and the appeal
                   filed and considering the fact that the lease was for a period of
                   99 years, following order is passed.


                                                 ORDER

i) Issue notice to the respondent, returnable on 10.6.2026.

ii) In the meanwhile, there shall be stay in terms of prayer clause (ii) of the petition, till the returnable date.

(RAJNISH R. VYAS, J.)

Belkhede, PS