KHURSHED RUSTOM ENGINEER vs AJITA RANJIT MADHAVJI AND ORS

29 CRA 16.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.16 OF 2025 Khurshed Rustom Engineer …Applicant Versus Ajita Ranjit Madhavji & Ors. …Respondents Mr. Pradeep Thorat a/w Mr. Vivek Khemka and Mr. Rushabh Thacker i/by V.V. Khemkar and Rushabh Thacker, Advocate for Applicant. Mr. Viren Asar a/w Mr. Saiyed Sahil, Ahuramazda Postwalla, Dharshanadivya Subramanian i/by Saiyed Sahil, Advocate for Respondents (Original Petitioner) Ajita Madhavji & Ors. CORAM: MADHAV J. JAMDAR, J. DATED : 24 February 2025 JUDGMENT: 1. Heard Mr. Pradeep Thorat, learned Counsel for the Applicant and Mr. Viren Asar, learned Counsel for the Respondents. Challenge: 2. By the present Writ Petition, challenge is to the legality and validity of the Judgment and Decree dated 20th February 2019 passed by the learned Judge, Small Causes Court, Mumbai in R.A.E. Suit No.1038/1876 of 1998 as well as the Judgment and Decree dated 23rd October 2024 passed by the learned Appellate Dusane 29 CRA 16.2025.DOC Bench of Small Causes Court, Mumbai in Appeal No.150 of 2019. Both the learned Courts have passed concurrent decree on the ground of acquisition of an al