Ashwin Mohanlal Nabira vs Nagpur Municipal Corp., Thr. Municipal ...
2026 Latest Caselaw 5165 Bom

Bombay High Court

Ashwin Mohanlal Nabira vs Nagpur Municipal Corp., Thr. Municipal ... on 15 May, 2026

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

                                                 WRIT PETITION NO. 4192 OF 2026

                             Ashwin Mohanlal Nabira
                                      ..VS..
  Nagpur Municipal Corporation, through its Municipal Commissioner, Nagpur & Ors.
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                Mr. P. J. Mehta, Advocate for the petitioner.
                                Mr. J. B. Kasat, Advocate for the respondent Nos.1 & 2.
                                Mr. C. A. Lokhande, AGP for the respondent/State.


                                              CORAM : RAJNISH R. VYAS, J.
                                              DATED : MAY 15, 2026

                                1.            The petitioner, who claim to be the subtenant of
                                respondent No.3, has approached this Court, contending that he
                                has been served with a notice of eviction.

                                2.            The learned counsel for the petitioner has argued that,
                                though he was called upon to remain present and he has filed his
                                submission, the order impugned shows that the material pointed
                                out by the petitioner was not taken into consideration.

                                3. Per contra, learned counsel Mr. Kasat, appearing for
                                Respondent Nos.1 and 2, has vehemently opposed the prayer,
                                contending that the property in question was leased out to
                                Respondent No.3, who has accepted the order, and therefore, the
                                petitioner, who is sub-tenant, have no right to claim the
                                possession. He then prayed for time to file a detailed reply.

                                4.            Considering the fact that the petitioner is in possession of
                                the property since last many years, prima facie, I am inclined to
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                                      protect his possession till the returnable date. Hence, the
                                      following order:-

                                                                   ORDER

(i) Issue notice to the respondents, returnable on 22/06/2026;

(ii) Mr. J. B. Kasat, learned counsel, waives service for respondent Nos.1 and 2;

(iii) Learned A.G.P. Mr. C. A. Lokhande, waives service for respondent No.4;

(iv) In the meanwhile, the parties are directed to maintain status-quo as regard the possession.

(v) To be tagged along with Writ Petition No. 4185/2026.

(RAJNISH R. VYAS, J.)

Kirtak

Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 15/05/2026 15:34:56