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Bombay High CourtWP/17556/2025disposed off

M/S Pnb Housing Finance Limited v. The State Of Maharashtra Thro. The Honorable Dist. Magistrate Thro. Gp

2026-01-12Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

12-WP-17556-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2026.01.13 11:27:56 +0530 PURTI PRASAD PARAB CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17556 OF 2025 PNB Housing Finance Limited and Anr.

...Petitioners

Versus

The State Of Maharashtra Thro.

The Honorable Dist. Magistrate, Palghar and Ors.

...Respondents

_______ Mr. Nikhil Rajani a/w Mr. Ajay Deshmane i/b V. Deshpande & Co. for Petitioners.

Ms. A.A Purav, AGP for Respondent Nos. 1 to 5-State. Mr. Aditya Kharkar i/b Mr. Nimesh Vassa for Respondent No.8. _______

CORAM:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE:

12th JANUARY 2026.

P.C.

1.

The grievance of the Petitioner in this Petition is that in absolute violation of Rule of Law, the Respondent No.8 has now interfered with the possession of the Petitioners, who were duly put in possession of the subject property as per Taba Pavati and Panchanama dated 26th July 2024, in pursuance of an order passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2.

Prima facie, we are of the opinion that the impugned act on the part of Respondent No.8 is wholly unsustainable and that an immediate direction must follow for the said Respondent to hand over possession of Purti Parab

12-WP-17556-2025.DOC the subject property to the Petitioners.

3.

Learned Counsel having instructions to appear on behalf of Respondent No.8 seeks short adjournment to place affidavit and certain documents on record.

4.

Let the reply/affidavit alongwith documents be placed on record on behalf of the Respondent No.8 on or before 19th January 2026. No further time shall be granted.

5.

List the Petition for final disposal on 21st January 2026 to be included in the Supplementary Board.

6.

Before the next date of listing, the Petitioners are permitted to place on record affidavit of service.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Purti Parab