LIFE INSURANCE CORPORATION OF INIDA vs NILOUFER MARSHALL

Judgment text excerpt

4-cra-427-2009.doc varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 427 OF 2009 Life Insurance Corporation of India A statutory corporation established under the Life Insurance Corporation Act, 1956, having its Western Zonal Office at “ Yogakshema”, Jeevan Bima Marg, Mumbai 400 021. …. Applicant Versus Digitally signed by VARSHA VARSHA VIJAY VIJAY RAJGURU RAJGURU Date: 1. Niloufer Marshall 2025.11.03 22:11:59 +0530 Flat No. 6, Second Floor, Queens Court Maharshi Karve Road, Mumbai 400 020. 2. Tehmina R. Bharucha (since deceased) (deleted as per court’s order dt. 1/2/2010) 3. Rustom K. Bharucha Home Stead, 6, Alexandra Road, Gamdevi, Mumbai 400 007. 4. Pheroze A. Bhatena Malbari Bldg, New Khareghat Colony, Babulnath Road, Mumbai 400 004. ….. Respondents Mr. Sanglikar a/w. Mr. Roopadaksha Basu, Ms. Heenal Wadhwa i/b. The Law Point for the applicant. Page no. 1 of 60 4-cra-427-2009.doc Mr. Haresh Jagtiani, Senior Advocate a/w. Mr. Yashpal Jain and Ms. Jahnavi Vora for respondent no.1. CORAM : GAURI GODSE, J. RESERVED ON: 7th AUGUST 2025 PRONOUNCED ON: 3rd NOVEMBER 2025 JUDGMENT :- BASIC FACTS: 1. This civil revision application is filed by the original applicant to challenge the judgment and order passed by the City Civil Court allowing the appeal of respondent no. 1 (“the occupant”). By the impugned order, the occupant’s appeal is allowed, thereby setting aside the eviction order passed by the learned Estate Officer. Respondent Nos. 2 to 4 are the executors of the Will of the authorised tenant. The name of Respondent No. 2 is deleted vide order dated 1 st February 2010. The occupant claims to have been occupying the premises along with the authorised tenant. It is the applicant’s contention that after the death o