The Supreme Court has granted an additional six months for the disposal of a long-pending civil suit relating to a family property dispute in Pune. The Court also directed the Registrar of the Bombay High Court to place its earlier order before the Chief Justice so that pending proceedings in the High Court can be taken up and the trial court can proceed with the matter.
The order came while hearing a miscellaneous application filed in connection with a civil appeal arising from the dispute between Jimmy Dara Sukhia and Roshani Farokh Chinoy.
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Background of the Case
The dispute concerns a property in Pune and has its roots in a family conflict that stretches back decades. According to the court record, the appellant began occupying a portion of the property in 1965. Later, differences arose between him and his mother, Dina Dara Sukhia, which led to the termination of the licence granted for occupying that portion of the property.
In 1995, the appellant filed Suit No. 430 of 1995 before the Civil Judge (Senior Division), Pune, seeking partition of family properties. The case, however, has remained pending for years.
Separately, Dina Dara Sukhia initiated proceedings in 1997 before the Small Causes Court in Pune seeking possession of the property after terminating the licence granted to her son.
After her death in 2003, her daughter Roshani Farokh Chinoy claimed rights under an unregistered will dated June 20, 1987, along with a later codicil dated March 17, 2002. She continued the proceedings in the Small Causes Court as the substituted plaintiff.
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Earlier Supreme Court Observations
In July 2021, the Supreme Court had already expressed concern about the prolonged delay in deciding the 1995 suit. The bench noted that the case had remained unresolved for more than two decades.
The Court observed that it was difficult to understand how a civil suit could remain pending for over 26 years at the initial stage.
“The rights to the property would be determined in the suit filed by the appellant of vintage 1995 which has not proceeded further,” the Court had noted earlier while directing the trial court to complete the proceedings within one year.
The Court had also clarified that the orders passed in the Small Causes Court proceedings regarding possession would not finally determine the question of ownership or succession. Those issues would be decided in the pending civil suit.
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Issue Before the Court
Despite the 2021 direction, the trial court sought an extension of time to dispose of the case.
During the hearing, counsel for the respondents informed the Court that the trial court was unable to proceed with the suit due to certain interim orders passed by the Bombay High Court in a revision petition filed by the respondents.
Because of these pending proceedings in the High Court, the trial court could not continue with the trial as directed earlier.
Court’s Direction
After considering the circumstances, the Supreme Court directed the Registrar of the Bombay High Court to place the earlier Supreme Court order before the Chief Justice of the High Court.
This step was taken so that the High Court could take up the pending revision petition and clear the way for the trial court to proceed with the main suit.
The bench also granted additional time for the trial court to complete the proceedings.
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Decision
The Supreme Court ordered that the time for disposal of the suit pending before the Civil Judge (Senior Division), Pune be extended by six months.
With these directions, the Court disposed of the miscellaneous application.
Case Title: Jimmy Dara Sukhia v. Roshani Farokh Chinoy
Case No.: Miscellaneous Application No. 333/2026 in Civil Appeal No. 2852/2021
Case Type: Civil Appeal / Property Dispute
Decision Date: 25 February 2026
