Mumbai Court: Nephew's Request for Temporary Hold on Property Denied

Gaurav Sri Kalyan, who lives in Jordan, lost his attempt to get a temporary hold to take back a property in Mumbai. The court decided against him, pointing out that he didn't have a stable claim to the property.

How the Dispute Started

Gaurav Sri Kalyan filed a case under a law that helps people get their rights back when something has been taken from them unfairly. He said he was wrongly kicked out of a property called 'Laxmi Sadan' in Mumbai. He claimed he was the rightful heir of his uncle, Radheshyam, who had the right to live there.

The Family Ties

Gaurav is Radheshyam's nephew. Radheshyam was allowed to live in Laxmi Sadan and had rights to two sections of the building. Gaurav said he lived with Radheshyam and took care of him, so he should have the right to the property after Radheshyam passed away in July 2025.

The Forced Removal

Gaurav claimed that on September 8, 2025, he was forced out of the property by the people he was fighting in court. He quickly filed a case to get the property back and asked for damages worth Rs. 10 crore.

Legal Points

Gaurav's lawyer, Mr. Shailesh Shah, argued that Gaurav should have the property because he was Radheshyam's heir. He pointed out that Gaurav had been in the property within six months of starting the case, which is needed according to the law.

"Gaurav clearly had the property as of September 8, 2025."

What the Other Side Said

The people against Gaurav, represented by Mr. Surel Shah and others, argued that Gaurav was just a visitor from Jordan and didn't really live there. They said his occasional visits didn't mean he had a right to the property.

"Just visiting isn’t enough to claim ownership."

The Court's Decision

Judge Sandeep V. Marne decided against Gaurav, saying he didn't prove he had a stable claim to the property. The court noted that Gaurav's visits were short and he didn't show he intended to live there.

"Gaurav neither lived in the property nor planned to do so after getting it back."

What Happens Next?

The court suggested that Gaurav could try other legal methods, like a different kind of lawsuit, to prove his rights. For now, the temporary hold was denied, and the property stays with the other side.

This case shows how tricky property disputes can be and how important it is to prove a clear and stable claim in legal fights.