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Bombay High CourtWP/8075/2025disposed off

Tata Capital Housing Finance Ltd Throu. Its Legal Manager v. The State Of Maharashtra Thoru. The Office Of The Govt Plader And ORS

2025-09-18Hon'Ble Shri Justice R. I. Chagla , Hon'Ble Shri Justice Farhan Parvez Dubash2 pages

1-WP 8075.2025.doc Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8075 OF 2025 Tata Capital Housing Finance Limited

...Petitioner

Versus

The State of Maharashtra & Ors.,

...Respondents

---------- Mr. Nikhil Mehta i/b KMC Legal Venture for Petitioner. Ms. Reena A. Salunkhe, AGP for Respondent No.1. ---------- CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATED :

18th SEPTEMBER, 2025.

ORDER :

1.

By this Writ Petition, the Petitioner has sought directions to Respondent Nos. 4 and 5 to take re-possession of the mortgaged property by removing Respondent Nos. 2 and 3 who are the trespassers who have trespassed in the mortgaged property of which KAVITA SUSHIL JADHAV possession had been taken by Respondent Nos. 4 and 5. The reby KAVITA SUSHIL JADHAV Date: 2025.09.19 18:40:24 +0530 possession is required to be taken by Respondent Nos. 4 and 5 by 1/2

1-WP 8075.2025.doc breaking open the locks on the door of mortgaged property and also by removing any third party in occupation of the mortgaged property including Respondent Nos. 2 and 3.

2.

The learned AGP appearing for Respondent Nos. 4 and 5 states on instructions that the Respondent Nos. 4 and 5 will take repossession of the mortgaged property by removing any third party including Respondent Nos. 2 and 3 herein with the police assistance on or before 7th October, 2025. The statement is accepted. 3.

In view of the above statement the Writ Petition is disposed of.

[FARHAN P. DUBASH, J.] [R.I. CHAGLA, J.] 2/2