M/S. ASIAN BUILDERS AND CONTRACTORS vs NARSING SWAMI AND ANR

Judgment text excerpt

7 fa1776-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by TRUSHA CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2025.11.21 17:31:38 +0530 FIRST APPEAL NO.1776 OF 2010 WITH CIVIL APPLICATION NO.2291 OF 2012 M/s.Asian Builders and Contractors .. Appellant Versus Milind Narsing Swami and Anr. .. Respondents Mr. Aseem Naphade a/w Mr.Gargi Bhagwat i/b M/s.Divekar Bhagwat and Co., Advocate for the Appellant. None for the Respondents CORAM: FIRDOSH P. POONIWALLA, J. DATE: NOVEMBER 13, 2025 ORAL JUDGEMENT: 1. The present Appeal is filed against the Judgement and Decree dated 29th September, 2010 passed by the Bombay City Civil Court in L.C. Suit No.1561 of 2006 whereby the Appellant’s suit was dismissed as being barred by limitation under Article 65 of the Limitation Act, 1963. Mohite 1/15 7 fa1776-10.doc 2. In this Judgement, the nomenclature of the parties will be as per their nomenclature in the Suit. 3. Before we consider the arguments of the Plaintiffs, it would be appropriate to refer to the facts in this case. 4. The Plaintiffs claim to be the absolute owner of and/or sufficiently entitled to the land bearing Survey No.44, Hissa No.4, corresponding to CTS No. 468, of Village Chakala, Taluka Andheri, M.S.D., admeasuring 268 sq. metres and bearing the address as Andheri-Ghatkopar Link Road, Chakala, Andheri (East) Mumbai 40093 (hereinafter referred to as ‘the suit land’). 5. It is the case of the Plaintiffs that the Defendants had, on or about 1990, illegally encroached and trespassed over the suit land and constructed an illegal structure which was originally 10 x 25 feet. In the year 1998, the Public Works Department physically acquired part of the suit land admeasuring 100 sq. metres for the purposes of the proposed Andheri- Gh