2026:BHC-AS:10862 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1631 OF 2026

1. Priya Tanaji Kumbhar, Age: 54 Yrs. An Indian Inhabitant, 2. Amit Tanaji Kumbhar Age – 34 yrs., An Indian Inhabitant

3. Prajakta Amit Kumbhar Age – 23 yrs., An Indian Inhabitant

4. Akshay Tanaji Kumbhar Age – 32 yrs., An Indian Inhabitant

5. Ajinkya Tanaji Kumbhar Age – 29 yrs., An Indian Inhabitant All residing at -

428/8, Kohinoor Mills Chawl, M. J. Road, Naigaon, Dadar, Mumbai – 400 014. ...Petitioners Versus

1. The State of Maharashtra, Through its Principal/Addl. Secretary, Social Justice & Special Assistance Department, Having its office at - Social Justice & Special Assistance Department, First Floor, Annex Building, Mantralaya, Madam Kama Road, Hutatma Rajguru Chauk, Mumbai – 32.

2. The Appellate Authority Senior Citizen Tribunal /Additional Collector, Mumbai City having office at -

First Floor, Old Custom House, Shahid Bhagat Singh Marg, Fort - 01.

3. The Senior Citizen Tribunal, Mumbai City/

Deputy Collector, Mumbai City, having office at – Old Custom House, Shahid Bhagat Singh Marg, Fort – 400 001.

4. Assistant Commissioner, Social Justice, Mumbai, having office at – Administrative Building, Part-1, Fourth Floor, R.C.Road, Chembur, Mumbai – 400 071.

5. Sharda Shivaji Kumbhar

428/8, Kohinoor Mills Chawl, …Respondents M. J. Road, Naigaon, Dadar, _ _ _ _ _ _ _ _ _

Mumbai – 400 014.

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Mr. Himanshu Patil a/w Ms. Deepti Panadi, for Petitioners.

Smt. V S Nimbalkar, AGP for Respondent Nos. 1 to 4 - State.

Smt. Ranjana Todankar, for the Respondent No. 5.

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CORAM : N. J. JAMADAR, J.

RESERVED ON : 12^th FEBRUARY 2026 PRONOUNCED ON : 05^th MARCH 2026 JUDGMENT:

1. Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.

2. By this petition under Article 227 of the Constitution of India, the petitioners assail the legality, propriety and correctness of a judgment and order dated 16^th December, 2025, passed by the Appellate Authority in Appeal No. 21/2025 whereby the appeal preferred by the petitioners against an order dated 10^th June, 2025 passed by the Maintenance Tribunal thereby directing the petitioners to vacate and deliver the possession of the Room No. 428, Chawl No. 8, Kohinoor Mills Compound (“the subject premises”) to the Respondent No. 5/senior citizen, came to be dismissed by affirming the order passed by the Maintenance Tribunal.

3. Briefly stated the background facts are as under:-

3.1 Smt. Sharda Shivaji Kumbhar (R5)/senior citizen, is the co-sister of Petitioner No. 1. The Petitioner Nos. 2, 4 and 5 are the sons of Petitioner No. 1. The Petitioner No. 3 is wife of Petitioner No. 2.

3.2 Sitaram Dongre/Kumbhar was a worker in the Kohinoor Mills. He was having two sons Shivaji Kumbhar – the husband of Respondent no. 5, and the deceased co- applicant, and Tanaji Kumbhar – the husband of Petitioner No. 1 and father of Petitioner Nos. 2, 4 and 5. A tenament i.e. Room No. 428/8, Kohinoor Mills Chawl, M J Road, Naigaon, Dadar, Mumbai (the suit premises) was allotted to him by the Kohinoor Mills. Sitaram Kumbhar passed away on 21^st February, 1998.

3.3 After the demise of Sitaram, it is the contention of the petitioners that, in accordance with the understanding arrived at between the parties, Shivaji Kumbhar – the husband of Respondent No. 5 joined Kohinoor Mills on compassionate appointment basis. The brothers eventually decided that, the subject premises would be divided into two parts. Accordingly, the left side portion of the subject premises was allotted to Shivaji and the right side premises was allotted to Tanaji.

3.4 In contrast, on 16^th March, 2015 the senior citizen and deceased Shivaji, filed an application with the Maintenance Tribunal that the senior citizens were being subjected to extreme harassment, torture and cruelty by the petitioners. Various