ASHOK SITARAM SONAWANE AND ANR vs PERCY BURJOR SARKARI AND ORS

Judgment text excerpt

-WP2451-2023.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2451 OF 2023 1. Ashok Sitaram Sonawane 2. Smt. Lata Ashok Sonawane …Petitioners Versus 1. Percy Burjor Sarkari 2. Kumari Shera Burzor Sarkari SANTOSH 3. Smt. Rita Dentas SUBHASH 4. Smt. Hema D. Valecha KULKARNI Digitally signed by 5. Pratap Hundaraja Asrani SANTOSH SUBHASH KULKARNI 6. Harish Kumar Panjwani Date: 2025.08.19 17:46:34 +0530 7. Rajesh Badrilal Darshana 8. Prakash, full name not disclosed 9. Nirmal, full name not disclosed 10. Saddan, full name not disclosed …Respondents Mr. Kaustubh Thipsay, a/w Prasad Nagargoje, for the Petitioners. Mr. V. K. Gupta, for the Respondents. CORAM: N. J. JAMADAR, J. RESERVED ON: 1st AUGUST, 2025 PRONOUNCED ON: 19th AUGUST, 2025 JUDGMENT:- 1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally. 2. The petitioners – obstructionists take exception to a judgment and order dated 31st January, 2023 passed by the Appellate Bench of the Court of Small Causes at Mumbai in Ex. Appeal No.222 of 2021, whereby the appeal preferred by the 1/24 -WP2451-2023.DOC petitioners against a judgment and order dated 30 th September, 2021 passed by the trial court came to be dismissed. 3. By the said order dated 30th September, 2021, the Executing Court has made the Obstructionist Notice No.474 of 2010, taken out by respondent Nos.1 and 2 – plaintiffs, absolute and directed the removal of obstruction to the execution of the decree passed in RAE&R Suit No.126/328/1989 caused by the petitioners – obstructionists. 4. The background facts necessary for the determination of this petition can be stated in brief as under: 4.1 Respondent Nos.1 and 2 – plaintiffs claim to be the landlords