The Roots of the Dispute: 2003 Agreement

The story begins in October 2003 when consideration was paid under an agreement involving the Suyog Darshan CHSL and Smt. Madhuri Pal for a flat in the society located at Plot No.5, S. No.83, Off Yari Road, Varsova, Andheri (West), Mumbai 400061. Mohan R. Kubal, who had a legal claim arising from this transaction, positioned himself as the rightful claimant for possession.

Kubal Enters the Fray (2005)

In 2005, Mohan R. Kubal filed Dispute No. 294/2005 before the Co-operative Court, Mumbai, against the Suyog Darshan Co-operative Housing Society Ltd. (Respondent No.2) and Smt. Madhuri Pal (original Opponent No.2). Kubal sought possession of Flat No. 301 or an equivalent alternative flat in the society, along with refund of the amount paid under the 14.10.2003 agreement. He was described in proceedings as a government employee who met the society’s allotment criteria.

On 21 January 2009, the Co-operative Court (No.4, Mumbai) ruled in Kubal’s favour. It directed the society and Madhuri Pal to hand over vacant and peaceful possession of Flat No. 402 (or any equivalent flat in the same area) within two months and refund the consideration amount.

Appellate Court Shifts to Flat 702 (2010)

Madhuri Pal challenged the order in Appeal No. 34/2009. On 11 June 2010, the Maharashtra State Co-operative Appellate Court passed a landmark order. Instead of Flat 402, it directed the society to hand over Flat No. 702 to Mohan Kubal immediately or within one week. Society affidavits had confirmed that Flats 701, 702, and 705 were vacant at the time. Kubal accepted Flat No. 702 (approximately 650 sq ft) as suitable alternative accommodation.

When the society failed to comply voluntarily, the Appellate Court empowered the Court Receiver of Bombay High Court to take forcible possession, including breaking open locks, with police assistance from Versova Police Station.

• 30 November 2010: Shri Gautam Hiranandani was appointed as Court Receiver.
• 6 December 2010: The Receiver took possession of Flat No. 702. All movable articles found inside were shifted into one bedroom, which was locked and sealed. Kubal was given possession of the remaining portion of the flat.

Sheikh Amin Akhtar’s Claim and Intervention

Enter Sheikh Amin Akhtar (Respondent No.4), who claimed ownership over a combined 1500 sq ft unit comprising Flats 701 and 702 on the 7th floor. Akhtar asserted he had purchased Flat 701 from one Snehalata Jaiswal in January 2008 via registered sale deed and had divided the larger unit, giving Flat 702 on leave and licence to his associate Keyur (Kayur) Shastri. The presence of personal articles (including a double bed, cupboard, sofa set, and AC) in the sealed bedroom supported his claim of occupation.

Akhtar filed Miscellaneous Application No. 151/2010 seeking to recall the 2010 orders and regain possession. On 22 December 2010, the Appellate Court partly allowed the application. It permitted Akhtar/Keyur Shastri to remove personal belongings but directed them to vacate the entire flat completely within a reasonable period (with a 75-day window). Keyur Shastri removed most items, but left behind four unclaimed articles: one empty double wooden cupboard, one empty double bed, one sofa set, and one A.C.

High Court Proceedings Drag On (2011–2026)

Akhtar challenged the orders in Writ Petition No. 1461/2011 before the Bombay High Court. An interim stay was granted in February 2011, but the writ was dismissed on 13 June 2011. He then filed Letters Patent Appeal (LPA) No. 244/2011, which remained pending for 15 years. The LPA was dismissed for non-prosecution at one stage but restored on 6 September 2024 on Akhtar’s application. It was finally dismissed on 11 February 2026. The High Court directed Kubal to pursue appropriate steps in pending proceedings for full possession.

Meanwhile, on 3 August 2011, Kubal had filed the present Miscellaneous Application No. 55 of 2011 seeking disposal of the unclaimed goods in the sealed bedroom, full vacant possession, and appointment of a fresh Court Receiver (as Gautam Hiranandani was untraceable).

The Final Judgment (22 June 2026)

After hearing advocates — Shri Vinod Desai for the appellant (in related proceedings), Shri Satish Agarwal for the society, and Shri Manjit Singh Jolly for Sheikh Amin Akhtar — President Sau. S.S. Sapatnekar delivered the judgment.

Key Findings:

• All 2010 orders (11/06/2010, 30/11/2010, 06/12/2010, and 22/12/2010) attained finality after the High Court’s dismissal of the LPA.
• No stay is currently operating (Akhtar’s alleged SLP is not yet registered).
• Sheikh Amin Akhtar’s ownership claim over Flat 702 was not supported by society records, approved plans, or documents. His arguments regarding revival of interim orders were rejected.
• The High Court itself had directed Kubal to pursue this MA for possession.

Final Order:

1. Miscellaneous Application No. 55 of 2011 is allowed.
2. Mr. Ajay R. Masane is appointed as the new Court Receiver in place of Gautam Hiranandani.
3. The Court Receiver shall dispose of the remaining four articles by public auction and deposit the sale proceeds in the Court.
4. The Receiver shall hand over vacant possession of the sealed bedroom to Mohan R. Kubal.
5. Kubal shall pay ₹10,000 towards the remuneration of the Court Receiver.

This order paves the way for Kubal to finally enjoy full, peaceful possession of Flat No. 702 after more than two decades.

Broader Implications

The case highlights chronic delays in Mumbai’s cooperative housing dispute resolution, where multiple appeals and interim stays can lock properties for years. For homebuyers and society members, it underscores the importance of clear title documents, society records, and timely enforcement of decrees. Such prolonged litigation not only causes financial hardship but also denies rightful occupants the use of their property.

Mohan Kubal’s persistence has finally prevailed, reinforcing that court decrees in favour of homebuyers must be implemented without indefinite delays.

Also Read: 48-Year Battle Ends: Mumbai HC Orders Eviction of Tenant from Bandra Flat

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