MEDIWAL NAGENDRA DASTGI (DECD) THROUGH LRS. AND ORS vs KSHTRIYA DNYATI SABHA AND ORS

Judgment text excerpt

7-CIVIL WP-8010-2016.DOC Akash Tayde IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8010 OF 2016 Mediwal Nagendra Dastgi (Deceased) heirs:- 1a. Sugamma wd/o Nagendra Dastgir & Ors. …Petitioners Versus Kshtriya Dnyati Sabha & Ors. …Respondents Mr. P. J. Thorat, for the Petitioners. Ms. Pranita Sahoo i/b Mr. A. C. Mahimkar, for the Respondent No.1. CORAM: MADHAV J. JAMDAR, J. PRONOUNCED ON: 17th NOVEMBER 2025 UPLOADED ON: 08th DECEMBER 2025 JUDGMENT: 1. Heard Mr. Thorat, learned Counsel appearing for the Petitioners and Ms. Sahoo, learned Counsel appearing for the Respondent No.1. 2. The challenge in this Writ Petition is to the Judgment and Order dated 6th May 2016 passed by the learned Appellate Bench of the Small Causes Court, Mumbai in Misc. Appeal No.130 of 2014 in MARJI Application No.809 of 2013 and the Judgment and Order dated 25th February 2014 passed by the learned Judge, Page 1 7-CIVIL WP-8010-2016.DOC Akash Tayde Small Causes Court, Mumbai in MARJI Application No.809 of 2013 in R.A.E. Suit No.3590 of 1990. 3. The learned Trial Court decreed the said Suit filed by the Respondents by Judgment and Decree dated 20th December 2012. The Petitioner filed Marji Application No.809 of 2013 seeking setting aside the Judgment and Decree dated 20th December 2012 on the ground that the decree passed is ex parte decree. The learned Trial Court dismissed the said Marji Application by Order dated 25th February 2014 inter alia on the ground that said Judgment and Decree dated 20th December 2012 is not an ex- parte decree but decree passed under Order XVII, Rule 2 of the Code of Civil Procedure, 1908 (“CPC”). The said Order of learned Trial Court is confirmed by the learned Appellate Court. Both the Courts also held that inspite of servic