Jharna Marchal Rodrick v. Prashan Subhash Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1165 OF 2026 IN WRIT PETITION NO.4941 OF 2024 Jharna Marchal Rodrick ...Applicant

Versus

Prashant Subhash Jadhav

...Respondent

Mr. A. R. Shukla and Mr. R. K. Tiwari, for the Applicant.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

11th FEBRUARY 2026 P. C.:

1.

This Interim Application is filed for restoration of the order dated 24th November 2025, by which the Writ Petition is dismissed for non-prosecution.

2.

A praecipe is filed by Mr. A. B. Rawal, Advocate, seeking withdrawal of the Interim Application. Mr. A. K. Shukla, learned Advocate appears for the Applicant/Petitioner and submits that the Constituted Attorney of the Applicant/Petitioner is present in Court.

3.

It is stated that the settlement talks are going on with the builder and therefore, the Interim Application needs to be withdrawn.

4.

The Power of Attorney executed on 29th January 2024 in favour of Harish Vitthal Desai states that the Respondent-Prashant Subhash Jadhav by playing fraud on the Petitioner-Jharna Marchal Rodrick has got executed certain documents.

5.

The said Constituted Attonrey-Mr. Harish Vitthal Desai is personally present in Court and he submits that the PetitionerJharna Marchal Rodrick is bed-ridden. However, he is not even aware of the details of the suit premises.

6.

Accordingly, in the facts and circumstances, the High Court Legal Services Committee, Mumbai is requested to appoint two para-legal volunteers to visit the premises in question i.e. Room No.658, Pereira Chawl, Juhu Village, Juhu, Santacruz (West), Near Juhu Church, Mumbai - 400049. The High Court Legal Services Committee, Mumbai to submit report on or before 16th February 2026.

7.

Stand over to 16th February 2026. To be listed First on Board. 8.

Till next date, the Applicant/Petitioner-Jharna Marchal Rodrick shall not be evicted from the suit premises. 9.

Power of Attorney which is tendered in the Court is directed to be kept in a sealed cover.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2026.02.11 15:21:10 +0530 SONALI MILIND PATIL