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Bombay High CourtIA/1117/2026disposed off

Renu Mohanlal Kukreja Thr Its Legal Hire Ravi Mohanlal Kukreja v. M/S. Beekay Enterprise And ORS

2026-03-10Hon'Ble Shri Justice Sandeep V. Marne2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1117 OF 2026 IN WRIT PETITION (STAMP) NO.9456 OF 2021 Renu Mohanlal Kukreja Through its legal heirs Ravi Mohanlal Kukreja ....Applicant

IN THE MATTER BETWEEN

Mohanlal Ghanshamdas Kukreja Through its legal heirs Ravi Mohanlal Kukreja ....Petitioner V/S M/s. Beekay Enterprise & Ors.

....Respondents WITH WRIT PETITION (STAMP) NO.9456 OF 2021 Renu Mohanlal Kukreja Through its legal heirs Ravi Mohanlal Kukreja ....Petitioner V/S M/s. Beekay Enterprise & Ors.

....Respondents _________ Ms. R.R. Khosla for the Petitioner/Applicant. __________ CORAM : SANDEEP V. MARNE, J.

DATE : 10 MARCH 2026.

P.C.:

1.

The Interim Application No.1117 of 2026 is filed to bring on record legal heirs of the deceased Petitioner. katkam Page No. 1 of 2

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For the reasons indicated in the Interim Application, the same is allowed. Legal heirs of deceased Petitioner are permitted to be brought on record. Amendment to be carried out within a period of two weeks. The Interim Application is disposed of.

3.

After having perused the order impugned in the main Petition, I am of the view that the Writ Petition deserves to be disposed of since the impugned order merely stays the mesne profit Application till decision of Civil Revision Application No.551 of 2007. In that Civil Revision Application, apparently the eviction decree has been stayed. Therefore, if the Petitioner wants to recover occupancy charges from the tenant, the correct remedy is to apply for fixation of interim compensation in the pending Revision Application. While this Court was about to dispose of the Writ Petition, Ms. Khosla, appearing for the Petitioner, seeks an adjournment on the ground that the arguing counsel is in difficulty. 4.

List the Petition under caption 'for disposal' on 30 March 2026. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2026.03.11 15:42:10 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No. 2 of 2